Crimes classified as felonies under the NJ Criminal Code are typically handled at the superior court level, while less serious offenses such as disorderly persons offenses, petty disorderly persons offenses, and municipal ordinance violations are handled at the municipal court level. Traffic violations, including DWI offenses, are also heard in local municipal courts. The biggest difference between a felony and a disorderly persons offense is that felony-level offenses carry more severe penalties. For instance, the maximum punishment for a person convicted of a disorderly persons offense in Westfield Municipal Court is six (6) months in the county jail and a fine of $1,000.
Although the penalties at the municipal court level may be less severe, they can still destroy your life by leaving you with a permanent criminal record. That’s why you need to speak with the criminal defense lawyers at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC immediately. Call us at 866-845-5571 or fill out our online contact form today to schedule a free consultation at our office in Westfield, New Jersey.
Disorderly Persons Offenses & Petty Disorderly Persons Offenses in NJ
Unregistered vehicles shall not be permitted to be driven, parked or stand on a public highway.
A Police Officer is authorized to remove any such vehicle on a public highway.
39:3-9a Failure to Notify of Name Change; Failure to Sign License
DMV to be notified within two weeks after name change.
A license shall be endorsed in handwriting.
39:3-10 Driver’s License Required
A license or permit required to operate a motor vehicle.
39:3-11 Failure to Comply with Restriction Codes
A license was granted with reasonable conditions placed on the applicant such as the use of eyeglasses.
39:3-17.1 Continuation of Non-Resident Driving Privilege
Non-resident privilege ends 60 days after becoming resident.
39:3-29 Failure to Exhibit Documents
License, registration and insurance card to be exhibited upon request of Officer.
Government vehicle, vehicle under control of ICC, PUC or vehicles registered out of state are exempt from insurance requirement.
39:3-32 Lost, Damaged or Defaced License Place to be Replaced
Must be reported to DMV and replaced within 24 hours.
39:3-33 Display of License plates
Must be displayed not less than 12 inches, nor more than 49 inches height.
Must be horizontal, free from swinging, fee of obstruction.
39:3-36 Failure to Notify of Address Change
DMV to be notified within 1 week of change of address.
39:3-40 Driving While Suspended
No person shall operate a vehicle whose license privilege has been revoked.
Penalties for Violation of 39:3-40
1st Offense: $500, up to 6 months additional suspension.
2nd Offense: $750, 5 days in jail, up to 5 months additional suspension.
3rd Offense: $1,000 fine, 10 days in jail, up to 6 months additional suspension, 45 additional days in jail if involved in an injury accident.
39:3-44 Unsafe Vehicle
A vehicle in such condition as to endanger or likely to endanger a person or property shall not be driven, moved or parked on a highway.
39:3-47 Lighted Lamps Required
Any time from 1/2 hour after sunset to 1/2 hour before sunrise.
Any other time when visibility is less than 500 feet.
When windshield wipers are activated.
39:3-50 Color of Lamps
White or amber to front of vehicle.
Red or amber to rear of vehicle.
Permit required for flashing lights.
39:3-60 Improper Use of Multiple Beam Headlights
High beams not to be used within 500 feet of other vehicles.
39:3-66 Maintenance of Lamps
All lamps must be kept clean and in good working order.
39:3-69 Horn and/or Audible Warning Device
Every motor vehicle shall be equipped with a horn audible from a distance of not less than 200 feet used only when necessary to ensure safe operation.
39:3-70 Loud, Defective or No Muffler
All motor vehicles having a combustion motor to be equipped with muffler.
Must prevent excessive or unusual noise and annoying smoke.
Every passenger vehicle manufactured after 1/1/65 to be equipped with interior and driver’s side mirror.
Unsafe tire – any exposed ply or cord, any bump, bulge, knot or excessive tread wear.
At least one wiper required on driver’s side.
No stickers, posters, etc. on windshield.
39:3-75 Safety Glass
Vehicle shall not be driven with unduly fractured, discolored or deteriorated safety glass.
39:3-76.2a Child Restraints
Children up to 8 years shall be secured in a rear set with a federally approved child restraint system.
39:3-76.2f Required Wearing of Seat Belts
Every driver and front seat passenger of a passenger automobile shall wear a properly adjusted and fastened seat belt.
39:3-77 Unapproved Equipment or Devices
No person shall sell, offer or use any unapproved device or equipment for use on a motor vehicle.
39:3-79.1 Mud Flaps
Any bus, truck, full trailer or semi trailer exceeding a gross weight of 3 tons must be equipped with a rear wheel dirt flap.
39:3-81 Use of Studded Tires
Use of studded tires approved between 14 November and 1 April or as determined by director.
39:4-10 Lamps and Reflectors on Bicycles
Bicycles, when operated at night, shall be equipped with a lamp on the front which shall emit a white light visible at a distance of 500 feet. They shall also be equipped with a red lamp at the rear visible at a distance of 500 feet.
39:4-11 Audible Signal on Bicycles
No bicycle shall be operated unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.
39:4-12 Improper Riding on Bicycle
A person on a bicycle shall not ride or carry another passenger on anything but a permanent and regular seat attached to the bicycle.
39:4-14 Hitching on Vehicles Prohibited
No person riding on a bicycle, coaster, skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
A person shall not ride a bicycle with his hands and feet removed from the handlebars and pedals, nor shall he practice trick or fancy riding in a street.
39:4-14.1 Rights and Duties of Bicycle Rider
Bicycle rider to comply with applicable provisions of Title 39.
39:4-32 Improper Crossing of Roadway by Pedestrian
Pedestrians shall not cross roadway against stop signal or traffic device or officer.
A pedestrian crossing one “go signal” has the right of way over all vehicles until he has reached the opposite curb.
39:4-34 Pedestrian to Use Crosswalk
Unlawful for pedestrians to cross any highway separated by medial barrier except where a provision is made for a crossing.
On all highways where no sidewalks or paths are provided, pedestrians shall, when practical, walk only on the extreme left side of the roadway or its shoulder facing traffic.
Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
39:4-35 Pedestrians Right to Complete Crossing
Non-operator of a vehicle shall fail to give the right of way to a pedestrian at a crosswalk where the pedestrian has begun his crossing properly.
39:4-46a Display of Name and Address
Every commercial vehicle shall display the name of the owner or lessee and the municipality in which the owner or lessee has his principal place of business.
Franchised public utilities and fleets of 50 or more vehicles may display a corporate code instead.
The sign or nameplate shall be in plain view and lettering shall be as close as possible to 3 inches in height.
39:4-46b Display of GVWR
Vehicles over 26,000 pounds are to display a Gross Vehicle Weight Rating.
39:4-48 Owners of Consent to Use Motor Vehicle
No person shall operate or use a motor vehicle without the permission of the owner.
39:4-49 Tampering with a Motor Vehicle
No person shall tamper or interfere with a vehicle or put its engine in motion while it is standing without the permission of the owner.
39:4-49.1 Operating with Drugs in Possession or in Motor Vehicle
No person shall operate a vehicle on any highway while knowingly having in their possession any CDS as defined in schedules I, II, III, IV or V.
39:4-50 Driving While Intoxicate/Allowing Another to Operate
No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
.008% or more by weight of alcohol in the defendant’s blood.
No person is to allow operation of a vehicle by person under the influence or intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug.
Penalties for Violation of 39:40-50
1st Offense: $250-$400, IDRC, 6 months – 1-year suspension, possible 30 days in jail.
2nd Offense: $500-$1,000, 30 days community service, 2-90 days in jail, 2-year suspension.
3rd Offense: $1,000 fine, 180 days in jail, 10-year suspension
39:4-50.2 Consent to Taking Breath Samples
A person who operates a vehicle on any public road, street or highway or quasi public area in this state shall be deemed to have given consent to the taking of breath samples to determine the content of alcohol in his blood.
No right to refuse or consult with anyone prior to taking the sample.
39:4-51a Consumption of Alcohol in Vehicle
A person shall not consume an alcoholic beverage while operating a vehicle.
A passenger shall not consume an alcoholic beverage while a vehicle is being operated.
Presumption of consumption if unsealed container in passenger compartment of vehicle appears to be partially consumed and operator or passenger has physical appearance of having consumed it.
39:4-52 Racing on Highway
39:4-53 Leaving Engine Running
No person shall leave a vehicle on a highway with its engine running and unoccupied by someone capable to control it.
39:4-56 Delaying of Traffic
No person shall drive or conduct a vehicle in such condition so constructed or so leaded to be likely to cause delay in traffic.
39:4-56.5 Abandonment of Vehicle
A vehicle which has remained on highway or the property in excess of 48 hours or without current license plates for any period.
39:4-56.6 Parking on Private Property without Consent
39:4-57 Failure to Comply with Directions of Officer
Drivers or vehicle shall, at times, comply with the direction by voice or hand of a police officer.
39:4-58 Driving with View Obstructed
39:4-59 Begging Rides Prohibited
39:4-60 Soliciting Trade or Contributions Prohibited
39:4-61 Tailboard Riding
39:4-63 Placing Injurious Substance on Roadway
Any glass, other sharp, injurious or cutting substance.
No person shall drop any bundle, object, article or debris of any nature from a vehicle, whether in motion or not, when such vehicle is on the highway.
39:4-67 Obstructing Passage of Other Vehicles
39:4-69 Riding on Parts Not Intended for Passengers
39:4-71 Driving on Sidewalk
39:4-77 Loading so as to Spill
A load which extends above the height of sides or tailgate of a vehicle shall be covered by a tarpaulin or other cover.
39:4-80 Traffic Control by Officers
39:4-81 Disregard of Traffic Control Device
39:4-82 Keeping to Right
39:4-85 Improper Passing
39:4-86 Driving to Left of Center Line
39:4-88 Traffic on Marked Lanes
39:4-89 Following Too Closely
39:4-90 Right of Way at Intersections
39:4-92 Clearance for Authorized Emergency Vehicle
39:4-96 Reckless Driving
A person who drives a vehicle heedlessly, in a willful or wanton disregard of the rights of safety of others in a manner so as to endanger or likely to endanger person or property.
39:4-97 Careless Driving
A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.
39:4-97a Destruction of Agricultural or Recreational Property
39:4-97.1 Impeding Slow Speed Prohibited
39:4-11.5b Right Turn at Red Signal
Must come to a complete stop and yield to all traffic and pedestrians before proceeding.
39:4-123 Right and Left Hand Turns
39:4-123 Marked Turning Courses
39:4-125 Improper U-Turns
39:4-126 Failure to Signal Turn
39:4-127 Improper Backing or Turning in Street
39:4-128.1 Passed Stopped School Bus
There shall be a rebuttable presumption that the registered owner of the vehicle which was involved was the person who committed the act.
39:4-129 Leaving the Scene of an Accident
Penalties for Violation of 39:4-129
1st Offense: $500 to $1,000 or imprisoned for 180 days or both.
2nd Offense: Not less than $1,000 nor more than $2,000 or imprisoned for 180 days or both.
39:4-135 Improper Parking
Parallel with edge of the curb.
Facing in the direction of traffic.
Within 6 inches of the curb.
39:4-136 Parking on Highway
Clear and unobstructed width of 15 feet upon the roadway opposite the standing vehicle.
Clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the roadway.
Person shall immediately, by quickest means, notify the nearest police authority.
Police Officer may remove vehicle.
39:4-137 Parking Brake to be Set
39:4-138 Parking Prohibitions
Within an intersection
On a crosswalk
Between a safety zone and adjacent curb
In front of a driveway
Within 25 feet of an intersecting road or crosswalk
On a sidewalk
In a No Parking area
Tithing 50 feet of a stop sign
Within 10 feet of a fire hydrant
Within 50 feet of a rail crossing
Within 25 feet of a driveway to a fire station
Alongside a street excavation
On the roadway side of any stopped vehicle
Upon any bridge or elevated roadway
In a handicapped spot
39:4-144 Failure to Stop and Yield
39:4-183.3 Display of Unauthorized Traffic Signals
39:5-35 Failure to Surrender Suspended Drivers License
39:6B-2 Uninsured Vehicle
Vehicle registered or principally garaged in NJ
Penalties for Violation of 39:6B-2
1st Offense: $300, period of community service, 1-year suspension.
2nd Offense: $500, 14 days in jail, 30 days community service, 2-year suspension.
39:8-1 Failure to Inspect
39:8-4 Failure to Make Repairs or Re-Inspect
39:8-6 Failure to Display Inspection Sticker
39:8-9 Refusal to Inspect
NJSA Point Schedule for Traffic Violations
New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
Moving against traffic
Unlawful use of median strip
All roads and highways
Operating constructor vehicle in excess of 45 mph
Operating motorized bicycle on a restricted highway
More than one person on a motorized bicycle
Failure to yield to pedestrian in crosswalk
Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk
Driving through safety zone
Racing on highway
Improper action or omission on grades and curves
Failure to observe direction of officer
Failure to stop vehicle before crossing sidewalk
Failure to yield to pedestrians or vehicles while entering or leaving highway
Driving on public or private property to avoid a traffic sign or signal
Operating a motor vehicle on a sidewalk
Failure to obey direction of officer
Failure to observe traffic signals* (Red Light Camera- 0 pts.)
*No points assessed for red light camera violation
Failure to keep right
Improper operating of vehicle on divided highway or divider
Failure to keep right at intersection
Failure to pass to right of vehicle proceeding in opposite direction
Improper passing on right or off roadway
Wrong way on a one-way street
Improper passing in no passing zone
Failure to yield to overtaking vehicle
Failure to observe traffic lanes
Failure to yield at intersection
Failure to use proper entrances to limited access highways
Failure to yield to emergency vehicles
Destruction of agricultural or recreational property
Slow speed blocking traffic
Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)
Exceeding maximum speed 1-14 mph over limit
Exceeding maximum speed 15-29 mph over limit
Exceeding maximum speed 30 mph or more over limit
Failure to stop for traffic light
Improper turn at traffic light
Failure to stop at flashing red signal
Failure to stop for police whistle
Improper right or left turn
Improper turn from approved turning course
Failure to give proper signal
Improper backing or turning in street
Improper crossing of railroad grade crossing
Improper crossing of bridge
Improper crossing of railroad grade crossing by certain vehicles
Improper passing of school bus
Improper passing of frozen dessert truck
Leaving the scene of an accident – no personal injury