Unsafe Driving Traffic Attorney

     Unsafe driving tickets are a catch all provision for all moving violations.  These tickets are often used for plea agreements your lawyer works out with the prosecutor.  The advantage of this strategy is you can convert traffic tickets with motor vehicle points to one with no points.  The downside is that you will have to pay mandatory assessments that generally add up to a few hundred dollars.


Frequently Asked Questions:

How often can I use this no point ticket in NJ?

While there is no bar from plea bargaining to this ticket an unlimited amount of times, it becomes worthless if you use it more than twice in a 5 year period.  After the second use, the ticket carries 4 points AND the large fine.

What tickets can be changed into unsafe driving?

Almost all moving violations can possibly be amended to this no point ticket.  We generally try to plea bargain to this ticket only when there are no other defenses.  It is most often used on minor speeding tickets, careless driving, reckless driving, and failure to observe signal tickets.  This is completely up to the  your lawyers negotiation with the municipal court’s prosecutor.  An experienced traffic attorney is far more likely to be able to successfully negotiate this arrangement


Below is a copy of New Jersey’s Unsafe Driving Statute, N.J.S.A. 39:4-97.2:

a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c. 43 (C.39:5-30.5).

c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c. 43 (C.39:5-30.5).

d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c. 43 (C.39:5-30.5).

e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

f. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c. 65 (C.17:29A-35).

© Avery & Avery, Esqs., 2012-2018 All rights reserved. Robert W. Avery, Esq., Avery & Avery, Esqs., www.averylaw-nj.comcriminaldefenselawyer-nj.comdrugcrimedefenselawyer-nj.com, antrafficticketlawyer-nj,com, own all intellectual property rights, including all copyrights, in and related to the content and top design of this site and the organization of the information contained in this site. Disclaimer: This website is made available by Robert W. Avery, Esq., and Avery & Avery, Esqs., to give you general information and a general understanding of the law, not to provide specific legal advice.  By using this website, you understand that there is no attorney client relationship between you and the website publisher.  Communication by you (via email, facsimile, or telephone) does not create an attorney client relationship, which can only be accomplished by a written retainer agreement between lawyer and client.  Our top priority is to provide all of our clients and those who search for us, whether for personal injury matters, general trial work, criminal arrests, drug and marijuana arrests, municipal court dui dwi drunk driving arrests and breathalyzer/alcotest refusal representation, or for estate planning, estate administration, powers or attorney, living wills, advance directives, or for their last will and testament, with the best representation and best defense available anywhere. Our primary practice is in the Bergen County, Hudson County, Passaic County, Morris County, Essex County, Sussex County and the North New Jersey region.