There are two point systems in New Jersey. New Jersey State law requires the Motor Vehicle Commission to assess points for certain traffic and motor vehicle violations. For New Jersey driveršs these points are recorded on the driveršs license record. These records are permanent. The official record is maintained as an abstract, and a computerized record is available for instant access by law enforcement agencies such as police, courts and the New Jersey Motor Vehicle Commission offices throughout the State. Not all traffic and motor vehicle violations are assessed points and not all traffic and motor vehicle violations are assessed the same amount of points. The amount of points and type of violations which are assessed points are published in the New Jersey Administrative Code. Periodically the New Jersey State Legislature passes laws and the New Jersey Motor Vehicle Commission makes new regulations which can add, change or modify the amount of points and type of violations which are assessed points.

The accumulation of points on your New Jersey Driver Abstract can result in penalties, such as license suspension and monetary surcharges that must be paid to keep your license valid. Individuals who have a New Jersey provisional driveršs license (new driveršs who have never been licensed in another recognized jurisdiction, or individuals younger than eighteen (18) years old), may not accumulate more than two (2) points within their one year provisional period without incurring licensing sanctions. Individuals with a basic driveršs license may not incur more than five points without being subject to monetary surcharges for points, and no more than twelve points before their license is suspended. Licensed drivers lose or receive an annual safe driver credit of three points, if in the twelve months following a point violation they have not received another point violation or a license suspension; they continue to receive the three point credit every twelve months thereafter if they have not received another point violation or a license suspension until their accumulated point total falls to zero; no driver can have less than zero points.

New Jersey licensed drivers who receive an out of state motor vehicle or traffic violation should expect a record of the violation to be sent to the New Jersey Motor Vehicle Commission and points assessed based upon comparable New Jersey violations. New Jersey is a member of an Interstate Compact with the other states to send traffic violations to the home state. Driver License information is now being communicated instantly through electronic computer communications eliminating delays in the transfer of information from place to place. In the post ŗ9/11˛ environment, the trend is national linkage with less opportunity to avoid adverse consequences of driving violations.

Each state has its own unique point system. If you are a licensed driver in another state and receive a violation in New Jersey, it is important to know the impact of the violation when it is sent to the state in which you are licensed.

A lawyer can help you assess the point impact of a violation on your driveršs license record. If needed, a lawyer can help you lessen or eliminate the impact of the violation by defending the ticket in the local traffic court before any violation is reported to the motor vehicle commissions.

New Jersey has a second point system.

It is the New Jersey Insurance Eligibility Point Schedule. This system is maintained by the private automobile insurance companies who insure vehicles owned and registered by New Jersey licensed drivers or businesses. This point system is completely different that the one maintained by the New Jersey Motor Vehicle Commission. Here are some of the major differences:

1. Insurance eligibility points once assessed remain for three years. When you apply for motor vehicle insurance or renewal of such insurance, the immediate past thirty-six months of your insurance point record is considered. Insurance eligibility points assessed prior to the thirty-six months are not considered. You do not lose insurance eligibility points or receive any insurance eligibility point credit within the immediate past thirty-six months.
2. Insurance eligibility points are assigned to motor vehicle violations differently than the way they are assigned by the New Jersey Motor Vehicle Commission. For example, a violation of driving while intoxicated, N.J.S.A. 39:4-50, driving while having a suspended driveršs license, N.J.S.A.39:3-40 or driving without insurance liability, N.J.S.A.39:6B-2 is assessed nine (9) insurance eligibility points but are assigned no points by the New Jersey Motor Vehicle Commission on your driving abstract.
3. Five (5) Insurance eligibility points are assigned for at-fault automobile accidents in which claims are paid in excess of $500.00.
4. If you were licensed in another state, insurance eligibility points are assessed for violations which you may have received on your out-of-state driveršs license record which falls within the thirty-six month look-back period. However, when you obtain a New Jersey driveršs license, the New Jersey Motor Vehicle Commission starts recording violations from the date you receive your New Jersey license and does not transfer points from another statešs record of your driveršs license in that state.

These are just some of the differences in the two point systems but there are many other differences. You should consult with an attorney who may help you assess the impact of a traffic violation on your insurance eligibility point schedule if you have New Jersey automobile insurance. You may be able to save hundreds if not thousands of dollars on your insurance premiums if quality legal defense is utilized before you go before the traffic court.

Each state has its own laws and regulations regarding the issuance of automobile insurance to registered motorists in their state. You should consult the automobile insurance law of your state regarding the impact of traffic violations received in New Jersey or elsewhere since that is beyond the scope of this article.