39:4-97 Traffic Violations: Penalties, Points, and Court Rules

Drivers in New Jersey cited for careless driving under statute 39:4-97 face potential penalties that extend beyond the initial traffic stop. This statute addresses unsafe driving behaviors, and understanding the process—from the violation’s requirements to court procedures and financial impacts—is crucial for navigating the system effectively.

Essential Requirements for a Violation

For a careless driving conviction under New Jersey Statute 39:4-97, the prosecution must prove two key elements.¹Justia US Law. New Jersey Revised Statutes Section 39:4-97 Careless Driving First, the driving must have been done “carelessly, or without due caution and circumspection.” This refers to a failure to exercise the reasonable care expected of a driver under similar conditions, focusing on negligence rather than the intentional disregard associated with reckless driving.

Second, the driving must have occurred “in a manner so as to endanger, or be likely to endanger, a person or property.” Actual harm or damage is not required; demonstrating that the careless actions created a probable risk of harm is sufficient. Both the careless conduct and the resulting potential danger must be established for a conviction.

Fines and Other Monetary Consequences

A careless driving conviction brings specific financial penalties. A judge determines the base fine, typically ranging from $50 to $200, based on the incident’s circumstances. This base fine generally does not increase for repeat offenses under this specific statute.

Mandatory court costs and assessments are added to the base fine, increasing the total amount owed. These typically include about $33 in court costs plus smaller assessments for state funds related to the traffic system and emergency medical services, totaling around $40-$45 in addition to the base fine.²FindLaw. New Jersey Statutes § 22A:3-4 Fees and Costs in Municipal Courts

The location of the violation can significantly increase the fine. If careless driving occurs in designated “Safe Corridor” areas, highway construction zones, or zones with a 65 mph speed limit, the base fine is doubled, potentially reaching $100 to $400 before court costs and other assessments are applied.

Points and Possible License Actions

A careless driving conviction adds two points to a driver’s record, according to the New Jersey Motor Vehicle Commission (NJMVC) point schedule. The NJMVC uses this system to track driving behavior.

Accumulating points can jeopardize driving privileges. State regulations trigger administrative action, usually a notice of scheduled license suspension, when a driver accumulates 12 or more active points. The proposed suspension length often depends on the number of points and the time frame in which they were acquired, typically starting at 30 days for reaching 12 points.

Drivers can take steps to reduce points on their record. Completing an NJMVC-approved defensive driving course, available once every five years, can remove two points. The NJMVC may also offer participation in a Driver Improvement Program (DIP), often to those facing suspension for accumulating 12-14 points; completing this program can remove three points.³New Jersey Motor Vehicle Commission. Driver Programs Additionally, three points are automatically removed for every 12 consecutive months a driver avoids violations or suspensions.

Court Appearance Obligations

Whether a court appearance is required for a careless driving summons depends on the circumstances. If the issuing officer checks the “court appearance required” box on the summons, the driver must appear.

An appearance is generally mandatory if the incident involved an accident with personal injury. This allows the court to review the full context. Even without a mandatory notice or injury, drivers must appear if they intend to plead not guilty and contest the charge.

If the summons does not require an appearance and no personal injury occurred, the ticket may be payable without going to court. Careless driving is often listed on the Statewide Violations Bureau Schedule, allowing payment by mail or online, which constitutes a guilty plea. Drivers uncertain about their options should contact the relevant municipal court. Pleading by mail might also be an option under specific court rules, but not if injury occurred or a license suspension is possible.⁴New Jersey Courts. Plea By Mail Form

Ignoring a summons has serious repercussions. If a driver fails to appear when required or fails to respond to a payable ticket by the due date, the court can issue an arrest warrant, according to New Jersey Court Rule 7:8-9. The court must also report the failure to appear to the NJMVC, which can then suspend driving privileges.

Insurance Surcharge Guidelines

Drivers convicted of offenses like careless driving may face additional costs through the New Jersey Surcharge Violation System (NJSVS), administered by the NJMVC. This system imposes financial penalties based on accumulated driving record points or specific serious violations, separate from court fines.

A single two-point careless driving conviction does not automatically trigger these state surcharges. Surcharges are levied when a driver accumulates six or more points within a three-year period. Reaching exactly six points results in a $150 annual surcharge for three years. Each additional point above six adds $25 to the annual surcharge for the same three-year duration. While a careless driving ticket alone won’t trigger this, it contributes to the point total.

NJSVS surcharges are billed annually for three years. Failure to pay these surcharges allows the NJMVC to suspend driving privileges until the outstanding amount, including potential collection costs or interest, is fully paid.

• 1
  Justia US Law. New Jersey Revised Statutes Section 39:4-97 Careless Driving
• 2
  FindLaw. New Jersey Statutes § 22A:3-4 Fees and Costs in Municipal Courts
• 3
  New Jersey Motor Vehicle Commission. Driver Programs
• 4
  New Jersey Courts. Plea By Mail Form