Traffic violations in New Jersey are a common occurrence, and they can range from minor infractions to more serious offenses. Understanding whether a traffic violation is considered a crime in New Jersey requires a clear distinction between different types of violations and their legal implications.
Types of Traffic Violations in New Jersey
In New Jersey, traffic violations are generally categorized into two main groups: infractions and criminal offenses. Here’s a breakdown of each:
- Infractions:
- Definition: Infractions are minor violations of traffic laws that typically result in a fine and do not carry criminal penalties. These are usually considered civil offenses.
- Examples: Common infractions include speeding, running a red light, or failing to signal when changing lanes. These violations often result in a ticket and may carry points on your driving record.
- Criminal Offenses:
- Definition: Criminal offenses involve more serious violations of the law and can result in criminal charges, which may lead to a criminal record, fines, and potential jail time.
- Examples: Criminal traffic offenses include driving under the influence (DUI), reckless driving, and driving with a suspended license. These offenses can lead to criminal charges and carry more severe penalties.
When is a Traffic Violation Considered a Crime?
In New Jersey, a traffic violation becomes a criminal offense under specific circumstances:
- Driving Under the Influence (DUI):
- Definition: Operating a vehicle while impaired by alcohol or drugs.
- Legal Implications: DUI is considered a criminal offense in New Jersey. Convictions can result in substantial fines, license suspension, mandatory alcohol education programs, and even jail time, depending on the severity of the offense and prior convictions.
- Reckless Driving:
- Definition: Operating a vehicle in a manner that shows a willful disregard for the safety of persons or property.
- Legal Implications: Reckless driving is classified as a criminal offense. It can lead to a criminal record, fines, license suspension, and potential imprisonment. The severity of the penalties depends on the circumstances surrounding the offense.
- Driving with a Suspended License:
- Definition: Operating a vehicle when your driver’s license has been suspended or revoked.
- Legal Implications: This is a criminal offense in New Jersey. Penalties can include fines, additional suspension periods, and jail time, especially if the license was suspended due to a DUI or other serious violation.
- Leaving the Scene of an Accident:
- Definition: Failing to stop and provide information or assist after being involved in an accident.
- Legal Implications: Depending on the severity of the accident (whether injuries or property damage occurred), leaving the scene can be considered a criminal offense. It may result in criminal charges, fines, and imprisonment.
Penalties for Criminal Traffic Violations
The penalties for criminal traffic violations in New Jersey vary based on the offense’s nature and severity:
- Fines: Criminal traffic violations often come with significant fines that can range from a few hundred to several thousand dollars.
- License Suspension: Convictions can lead to the suspension or revocation of your driving privileges for a period determined by the court.
- Jail Time: Depending on the offense, jail time may be imposed, especially for repeat offenders or severe cases.
- Probation: In some cases, offenders may be placed on probation, which includes regular check-ins with a probation officer and adherence to specific conditions set by the court.
- Community Service: Offenders might be required to complete community service hours as part of their sentencing.
Defenses Against Criminal Traffic Violations
If you are charged with a criminal traffic violation, several defenses may be available to challenge the charges:
- Improper Stop: If the traffic stop was conducted without probable cause or in violation of your rights, evidence obtained during the stop may be inadmissible.
- Breathalyzer Accuracy: In DUI cases, questioning the accuracy of breathalyzer tests or the procedures used can be a viable defense.
- Lack of Intent: For offenses like reckless driving, demonstrating that there was no intent to endanger others can be a defense strategy.
- Procedural Errors: Errors in the handling of the case or violations of legal procedures can potentially lead to the dismissal of charges.
Frequently Asked Questions
1. What are the differences between a traffic infraction and a traffic crime in New Jersey?
Traffic infractions are minor violations that usually result in fines and points on your driving record. Traffic crimes are more serious violations that can lead to criminal charges, fines, and possible jail time. Pay parking ticket NJ
2. How can I find out if my traffic violation is classified as a crime?
You can check the specifics of your violation by reviewing the ticket or summons issued to you, consulting with a traffic attorney, or checking the New Jersey Motor Vehicle Commission (MVC) website for detailed information on traffic laws.
3. Can I represent myself in court for a criminal traffic offense?
While it is possible to represent yourself, it is highly recommended to seek legal counsel for criminal traffic offenses. An attorney can provide expert advice, represent you in court, and help you achieve the best possible outcome.
4. What should I do if I receive a ticket for a criminal traffic violation?
Immediately contact an attorney who specializes in traffic law to discuss your options. Follow any court dates and instructions carefully to avoid additional penalties.
5. Can traffic violations affect my insurance rates?
Yes, both infractions and criminal offenses can impact your insurance rates. Insurance companies may raise premiums or cancel your policy based on the severity of the violation and your driving record.
Conclusion
In New Jersey, not all traffic violations are classified as crimes. Infractions generally result in fines and points on your driving record, while more serious violations like DUI, reckless driving, and driving with a suspended license are considered criminal offenses. Understanding the nature of your violation and seeking appropriate legal advice can help you navigate the complexities of traffic law and avoid severe penalties.