Municipal Court Lawyers Monmouth County, NJ
Monmouth County Criminal & DWI Defense Attorneys Help Clients Beat Charges for Disorderly Persons Offenses and Traffic Violations
Rudnick, Addonizio, Pappa & Casazza PC is a New Jersey criminal defense firm that defends clients against criminal charges, DWI charges, and traffic charges in municipal courts throughout Monmouth County, NJ. Whether you have been charged with simple assault in Middletown Township Municipal Court, a first offense DWI in Marlboro Township Municipal Court, or a traffic violation in Howell Township Municipal Court, our experienced criminal lawyers can protect your rights.
The good news for anyone charged with a disorderly persons offense in municipal court is that they should be able to avoid jail time – so long as they do not have a prior criminal record. That’s because there is a presumption of non-incarceration for individuals who lack a prior record and who have been charged in municipal court. However, anyone who has a prior record could be at risk of being sentenced to up to six (6) months in the local county jail. Moreover, even if you avoid jail, a conviction for a disorderly persons offense would leave you with a permanent criminal record.
The stakes are high for anyone charged in municipal court in Monmouth County, NJ. The criminal & DWI defense attorneys at Rudnick, Addonizio, Pappa & Casazza can help you fight the charges and avoid the most severe penalties. Call us at 732-264-4400, or use the online contact form, to schedule a free consultation about your case at our conveniently located office in Hazlet, New Jersey.
NJ Disorderly Persons Offenses – New Jersey Criminal Code
Simple Assault – N.J.S.A. 2C:12-1(a)
Simple Possession of Less Than 50 Grams of Marijuana – N.J.S.A. 2C:35-10(a)(4)
Possession of Drug Paraphernalia – N.J.S.A. 2C:36-2
Shoplifting – N.J.S.A. 2C:20-11
Receiving Stolen Property – N.J.S.A. 2C:20-7(a)
Bad Checks – N.J.S.A. 2C:21-5
Disorderly Conduct – N.J.S.A. 2C:33-2
Resisting Arrest – N.J.S.A. 2C:29-2
Criminal Mischief – N.J.S.A. 2C:17-3
Trespassing – N.J.S.A. 2C:18-3
Harassment – N.J.S.A. 2C:33-4
Lewdness – N.J.S.A. 2C:14-4
Obstruction – N.J.S.A. 2C:29-1
Hindering Apprehension – N.J.S.A. 2C:29-3
Possession of a Hypodermic Needle or Syringe – N.J.S.A. 2C:36-6
Prostitution – N.J.S.A. 2C:34-1
New Jersey Traffic Violations and Statutes
39:3-4 Vehicle Registration Required
1. Unregistered vehicles shall not be permitted to be driven, parked or stand on a public highway.
2. 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
1. DMV to be notified within two weeks after name change.
2. A license shall be endorsed in handwriting.
39:3-10 Driver’s License Required
1. A license or permit required to operate a motor vehicle.
39:3-11 Failure to Comply with Restriction Codes
1. 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
1. Non-resident privilege ends 60 days after becoming resident.
39:3-29 Failure to Exhibit Documents
1. License, registration and insurance card to be exhibited upon request of Officer.
2. 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
1. Must be reported to DMV and replaced within 24 hours.
39:3-33 Display of License plates
1. Must be displayed not less than 12 inches, nor more than 49 inches height.
2. Must be horizontal, free from swinging, fee of obstruction.
39:3-36 Failure to Notify of Address Change
1. DMV to be notified within 1 week of change of address.
39:3-40 Driving While Suspended
1. 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
1. 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
1. Any time from 1/2 hour after sunset to 1/2 hour before sunrise.
2. Any other time when visibility is less than 500 feet.
3. When windshield wipers are activated.
39:3-50 Color of Lamps
1. White or amber to front of vehicle.
2. Red or amber to rear of vehicle.
3. Permit required for flashing lights.
39:3-60 Improper Use of Multiple Beam Headlights
1. High beams not to be used within 500 feet of other vehicles.
39:3-66 Maintenance of Lamps
1. All lamps must be kept clean and in good working order.
39:3-69 Horn and/or Audible Warning Device
1. 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
1. All motor vehicles having a combustion motor to be equipped with muffler.
2. Must prevent excessive or unusual noise and annoying smoke.
39:3-71 Mirrors
1. Every passenger vehicle manufactured after 1/1/65 to be equipped with interior and driver’s side mirror.
39:3-72 Tires
1. Unsafe tire – any exposed ply or cord, any bump, bulge, knot or excessive tread wear.
39:3074 Windshields
1. At least one wiper required on driver’s side.
2. No stickers, posters, etc. on windshield.
39:3-75 Safety Glass
1. Vehicle shall not be driven with unduly fractured, discolored or deteriorated safety glass.
39:3-76.2a Child Restraints
1. 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
1. 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
1. No person shall sell, offer or use any unapproved device or equipment for use on a motor vehicle.
39:3-79.1 Mud Flaps
1. 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
1. Use of studded tires approved between 14 November and 1 April or as determined by director.
39:4-10 Lamps and Reflectors on Bicycles
1. 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
1. 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
1. 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
1. No person riding on a bicycle, coaster, skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
2. 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
1. Bicycle rider to comply with applicable provisions of Title 39.
39:4-32 Improper Crossing of Roadway by Pedestrian
1. Pedestrians shall not cross roadway against stop signal or traffic device or officer.
2. 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
1. Unlawful for pedestrians to cross any highway separated by medial barrier except where a provision is made for a crossing.
2. 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.
3. 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
1. 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
1. 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.
2. Franchised public utilities and fleets of 50 or more vehicles may display a corporate code instead.
3. 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
1. Vehicles over 26,000 pounds are to display a Gross Vehicle Weight Rating.
39:4-48 Owners of Consent to Use Motor Vehicle
1. No person shall operate or use a motor vehicle without the permission of the owner.
39:4-49 Tampering with a Motor Vehicle
1. 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
1. 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
1. No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
2. .008% or more by weight of alcohol in the defendant’s blood.
3. 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
1. 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.
2. No right to refuse or consult with anyone prior to taking the sample.
39:4-51a Consumption of Alcohol in Vehicle
1. A person shall not consume an alcoholic beverage while operating a vehicle.
2. A passenger shall not consume an alcoholic beverage while a vehicle is being operated.
3. 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
1. 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
1. 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
1. 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
1. 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
1. Any glass, other sharp, injurious or cutting substance.
39:4-64 Littering
1. 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
1. 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
1. 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
1. 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
39:4-98 Speeding
39:4-11.5b Right Turn at Red Signal
1. 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
1. 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
1. Parallel with edge of the curb.
2. Facing in the direction of traffic.
3. Within 6 inches of the curb.
39:4-136 Parking on Highway
1. Clear and unobstructed width of 15 feet upon the roadway opposite the standing vehicle.
2. Clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the roadway.
3. Person shall immediately, by quickest means, notify the nearest police authority.
4. Police Officer may remove vehicle.
39:4-137 Parking Brake to be Set
39:4-138 Parking Prohibitions
1. Within an intersection
2. On a crosswalk
3. Between a safety zone and adjacent curb
4. In front of a driveway
5. Within 25 feet of an intersecting road or crosswalk
6. On a sidewalk
7. In a No Parking area
8. Tithing 50 feet of a stop sign
9. Within 10 feet of a fire hydrant
10. Within 50 feet of a rail crossing
11. Within 25 feet of a driveway to a fire station
12. Alongside a street excavation
13. On the roadway side of any stopped vehicle
14. Upon any bridge or elevated roadway
15. 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
1. 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 Offenses
New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
27:23–29
Moving against traffic
2 points
27:23–29
Improper passing
4 points
27:23–29
Unlawful use of median strip
2 points
All roads and highways
39:3–20
Operating constructor vehicle in excess of 45 mph
3 points
39:4–14.3
Operating motorized bicycle on a restricted highway
2 points
39:4–14.3d
More than one person on a motorized bicycle
2 points
39:4–35
Failure to yield to pedestrian in crosswalk
2 points
39:4–36
Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk
2 points
39:4– 41
Driving through safety zone
2 points
39:4–52
Racing on highway
5 points
39:4–55
Improper action or omission on grades and curves
2 points
39:4–57
Failure to observe direction of officer
2 points
39:4–66
Failure to stop vehicle before crossing sidewalk
2 points
39:4–66.1
Failure to yield to pedestrians or vehicles while entering or leaving highway
2 points
39:4–66.2
Driving on public or private property to avoid a traffic sign or signal
2 points
39:4–71
Operating a motor vehicle on a sidewalk
2 points
39:4–80
Failure to obey direction of officer
2 points
39:4–81
Failure to observe traffic signals* (Red Light Camera- 0 pts.)
2 points
*No points assessed for red light camera violation
0 points
39:4–82
Failure to keep right
2 points
39:4–82.1
Improper operating of vehicle on divided highway or divider
2 points
39:4–83
Failure to keep right at intersection
2 points
39:4–84
Failure to pass to right of vehicle proceeding in opposite direction
5 points
39:4–85
Improper passing on right or off roadway
4 points
39:4–85.1
Wrong way on a one-way street
2 points
39:4–86
Improper passing in no passing zone
4 points
39:4–87
Failure to yield to overtaking vehicle
2 points
39:4–88
Failure to observe traffic lanes
2 points
39:4–89
Tailgating
5 points
39:4–90
Failure to yield at intersection
2 points
39:4–90.1
Failure to use proper entrances to limited access highways
2 points
39:4–91–92
Failure to yield to emergency vehicles
2 points
39:4–96
Reckless driving
5 points
39:4–97
Careless driving
2 points
39:4–97a
Destruction of agricultural or recreational property
2 points
39:4–97.1
Slow speed blocking traffic
2 points
39:4–97.2
Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)
4 points
39:4–98
Exceeding maximum speed 1-14 mph over limit
2 points
Exceeding maximum speed 15-29 mph over limit
4 points
Exceeding maximum speed 30 mph or more over limit
5 points
39:4–105
Failure to stop for traffic light
2 points
39:4–115
Improper turn at traffic light
3 points
39:4–119
Failure to stop at flashing red signal
2 points
39:4–122
Failure to stop for police whistle
2 points
39:4–123
Improper right or left turn
3 points
39:4–124
Improper turn from approved turning course
3 points
39:4–125
Improper u-turn
3 points
39:4–126
Failure to give proper signal
2 points
39:4–127
Improper backing or turning in street
2 points
39:4–127.1
Improper crossing of railroad grade crossing
2 points
39:4–127.2
Improper crossing of bridge
2 points
39:4–128
Improper crossing of railroad grade crossing by certain vehicles
2 points
39:4–128.1
Improper passing of school bus
5 points
39:4–128.4
Improper passing of frozen dessert truck
4 points
39:4–129
Leaving the scene of an accident –
no personal injury
2 points
Personal injury
8 points
39:4–144
Failure to observe stop or yield signs
2 points
39:5C–1
Racing on highway
5 points
39:5D–4
Moving violation committed out-of-state
