New Jersey Traffic and Motor Vehicle Lawyer
The Law Offices of Andrew J. Naideck is dedicated to providing aggressive representation for all traffic and motor vehicle offenses and criminal charges. Mr. Naideck has extensive experience in handling traffic and DWI matters. We have resolved hundreds of cases and look forward to working with you to resolve your moving violations.
If you have received a traffic ticket, it may not be in your best interest to pay the ticket. By paying the ticket, you are pleading guilty. There may be serious consequences to simply paying a ticket or being found guilty, including: points on your license, license suspension, surcharges, increased insurance costs and expensive fines. Contact us immediately via telephone or email, and if retained, we will promptly enter a “Not Guilty” Plea on your behalf. Traffic Attorney Andrew J. Naideck has considerable experience and success in reducing or eliminating Motor Vehicle Commission points, penalties, and court fees.
In most cases, we are able to represent our clients on motor vehicle offenses for a low flat fee. Attorney Andrew J. Naideck has considerable success in defending proposed license suspensions by the New Jersey Motor Vehicle Commission or Municipal Prosecutors. As the result of our involvement, our clients receive the reduction or elimination of points, fines, and proposed license suspensions.
New Jersey Traffic and Motor Vehicle Offenses
Attorney Andrew J. Naideck represents individuals charged in New Jersey with moving violations including speeding (N.J.S.A. 39:4-98), improper turns (N.J.S.A. 39:4-123), reckless driving (N.J.S.A. 39:4-96), careless driving (N.J.S.A. 39:4-97), improper passing (N.J.S.A. 39:4-85), failure to observe a signal (N.J.S.A. 39:4-81), failure to stop/yield (N.J.S.A. 39:4-144), tailgating (N.J.S.A. 39:4-89), passing a school bus (N.J.S.A. 39:4-128.1), failure to yield to a pedestrian (N.J.S.A. 39:4-36), unsafe lane change (N.J.S.A. 39:4-88) or any other moving violation.) or a more serious traffic violation (suspended license (N.J.S.A. 39:3-40), no insurance (N.J.S.A. 39:6B-2), DWI (N.J.S.A. 39:4-50), DUI (N.J.S.A. 3-50), possession of CDS in a Motor Vehicle (N.J.S.A. 39:4-49.1), leaving the scene of an accident (N.J.S.A. 39:4-129), fraudulent inspection (N.J.S.A. 39:8-9c), allowing an unlicensed or suspended person to drive, expired license (N.J.S.A. 39:3-10), and open container of alcohol (N.J.S.A. 39:4-51b, etc.).
New Jersey Commercial Driver’s Licenses (CDL)
Mr. Naideck also represents commercial license holders (CDL), taxi drivers and commercial companies on a regular basis. If you are facing a charge of overweight vehicle (N.J.S.A. 39:3-20), unclear plates, vehicle lettering charges, emission violation or other commercial charges, please contact us to discuss your options. Our office will fight aggressively to obtain the best possible resolution for your case and protect your license.
Traffic Attorney Andrew J. Naideck has successfully handled hundreds of cases including:
• CDL violations — Loss of CDL, equipment violations, overload violations and emissions violations
• Construction zones — Violations in safe corridor or construction zone
• Driving during suspension
• Driving under the influence (DUI) or driving while intoxicated (DWI)
• License violations — Driving with an expired license, conditional license violation, failure of possession of license or refusal to exhibit driver’s license
• Moving violations — Lane violations, passing on the right, red light violations, school bus or school zone violations
• Reckless driving or careless driving
• Speeding tickets
• Toll violations on parkways and turnpikes
New Jersey Motor Vehicle Commission Hearings
In connection with hearings before the New Jersey Motor Vehicle Commission, in some instances we request that our client take a defensive driving course prior to the scheduled hearing. The proof of completion can be presented to the hearing officer. The course may be completed online. It’s important to realize that the hearing officer will consider many factors prior to making a decision. Our job is to ensure that we provide them with everything that will result in a positive outcome for you.
New Jersey Motor Vehicle Crimes and Offenses
Attorney Andrew J. Naideck also defends individuals charged with motor vehicle crimes including Vehicular Homicide, hit and run, DUI/DWI, driving with a suspended license and multiple or habitual DUI/DWI offenders. Individuals can face license suspensions and/or more serious consequences based upon any of the following:
• DUI / DWI
• Multiple DUI / DWI Offenses
• Excessive MVC Points
• Repeated Driver’s License Violations
• Multiple Traffic Violations
• Repeated Driver’s license suspensions
• Ignition interlock systems violations
• Intoxicated Driving Resource Center (IDRC) and non-compliance issues
• Reckless Driving
• Careless Driving
• Excessive speed
On behalf of our clients charged with serious motor vehicle crimes and offenses, we take steps to collect and preserve all necessary evidence, including copies of police records, physical evidence, the driver’s abstract, motor vehicle video from the arrest and witness statements.
In an effort to reach a favorable resolution on serious motor vehicle offenses, if required, our office will take the following steps:
1.Contact and retain an expert medical doctor for a defense opinion;
2.Investigate for any potential wrongful action taken by police officers and challenge any evidence illegally obtained;
3.Review evidence obtained by field sobriety tests or Breathalyzers to ensure that the tests were properly administered
4.Challenge any Breathalyzer or field sobriety results that were improperly obtained or where tests were improperly administered;
5.Review all evidence and documents with you prior to court
Based upon professionalism and experience, Attorney Andrew J. Naideck will develop a compelling defense in your case to defeat your DWI / DUI or other serious charges where the evidence is insufficient or was illegally obtained.
New Jersey, like other states throughout our country, has been cracking down on drinking and driving. One of the ways the state is doing this is by having punishment that progresses significantly from one incidence of DUI / DWI to the next. For example:
• Mandatory inclusion in an IDRC program for any DUI offense including the first offense;
• First DWI conviction is a minimum of a three-month license suspension, up to the maximum of one year;
• Mandatory ignition interlock device installation for six months to one year for a first offense if blood alcohol concentration (BAC) was 0.15 percent or greater
• Second DWI conviction is a two-year loss a driver’s license and up to a $1000 fine;
• Third DWI conviction is a minimum of 180 days in jail without work release or weekends and no parole, and a 10-year loss of license;
The serious consequences of multiple DUI/DWI convictions requires thorough defense to keep you out of jail and protect your driver’s license. Attorney Andrew J. Naideck is experienced in plea negotiation and will use every tool at his disposal to keep you out of jail and protect your freedom. Your defense will, of course, depend on the facts of your case. Some of the tools at our disposal include:
• Proactive actions on your part such as chemical treatment and involvement in AA
• Motions to suppress or challenge evidence
• Efforts to overturn one of the previous DUI/DWI convictions (post-conviction relief)
A DWI arrest has not only a criminal charge, but also has a driver’s license component that is handled by New Jersey’s Motor Vehicle Commission (MVC). It is important to know that the MVC can assign fault to your violation. For example, if you are involved in a car accident in which someone dies, you can lose your driving privileges for up to 10 years, even if there is no DWI charge associated with the accident.
New Jersey Motor Vehicle Commission Points
The New Jersey Motor Vehicles Commission ( MVC ) assesses points against your driving record for moving violations. If you accumulate 12 or more points within two years, your license will be suspended for thirty-days. If you accumulate 15 or more points in more than two years, there is also a thirty-day suspension. However, if you accumulate more than 12 but fewer than 15 points in a period of greater than two years, your license will be suspended for thirty days unless you send a notice to the MVC within ten days of the date of mailing indicating that you intend to attend a Driver Improvement Course.
Driver License Suspensions are effective fifteen days from the date of the mailing of the notice by the Motor Vehicle Commission. In the event you fail to appear at any scheduled hearing or fail to attend class, your driving privilege will be suspended for thirty days or such time as is contained in the proposed notice of suspension.
If you successfully complete a Driver’s Improvement Course, your license will remain valid. However, if you receive a moving violation within the first year after completing the course, there will be a forty-five suspension. If a second offense is committed within one year of completion, the suspension shall be for ninety (90) days.
When a license can be restored following suspension, there is a $100 fee. You may review the MVC violation information at the Motor Vehicle Website www.state.nj.us/mvc. You may also view the point schedule: http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm
The New Jersey Motor Vehicle Commission periodically makes changes to the point system and points for various offenses.
The New Jersey Motor Vehicle Commission also assigns points to your driving record, which can increase your insurance rates. For example, tailgating is five points, an improper U-turn is three points, improper passing in a no-passing zone is four points, leaving the scene of an accident where someone was injured is eight points, and any violation in a construction zone or safe corridor would be assessed with double points.
Attorney Andrew J. Naideck can represent you at hearings at the New Jersey Motor Vehicle Commission and will work to protect your driving privileges. At our law firm, in addition to providing defense to DWI matter, we provide legal representation for the following issues:
• DWI driver’s license suspensions
• Driving without a license
• Fatal motor vehicle accidents
• Driving restrictions for six or more points within three years
If a hearing before the Motor Vehicle Commission is required, our office prepares all required paperwork, consults and advises you prior to the hearing, and attends the actual hearing and any adjourned hearing dates. Failure to file the proper paperwork or attend any of the hearing dates could result in the loss of your driving privileges.
A Motor Vehicle Commission hearing takes place before an investigator who will look at the details of your motor vehicle or criminal charge that resulted in a driver’s license suspension or revocation. By retaining our office, our clients substantially increase their chances of avoiding or reducing a license suspension or revocation.
Essex County Reckless Driving Attorney
Reckless driving charges can be defended by aggressively reviewing all available evidence. There can be inconsistencies, misstatements, errors in process and other issues that can result in the downgrade or dismissal of your traffic ticket.
A car accident that results in a death is tragic for everyone involved. If a driver involved in the accident is taken to the hospital, there is an automatic blood test. If the person’s blood alcohol concentration (BAC) is .08 or higher, the prosecution will probably charge the driver with the highest crime possible. If the driver was not drinking, but was traveling 100 mph, that too could result in a serious charge — a vehicular homicide charge for the driver who contributed to the accident.
While most traffic and driving charges in New Jersey are not technically “criminal” charges, they can still have serious consequences, including potential jail time. Serious traffic offenses can have far reaching effects, beyond the likely loss of your license and driving privileges. It’s always the right idea to address these situations as quickly as possible. If handled correctly and promptly, there’s often an opportunity to get the charges dismissed. Call our office for a free consultation on your traffic ticket or offense in New Jersey, and I’ll let you know what I can do to help.
Some of the more serious traffic offenses defended by New Jersey Traffic Attorney Andrew J. Naideck include:
• Driving on a Revoked or Suspended License
• Reckless Driving / Careless Driving
• Leaving the Scene of an Accident (Action in case of accident)
• Driving without Insurance
• Driving without a License
• DWI/DUI/Drunk Driving
• As well as lesser traffic charges/infractions such as:
• Speeding (Exceeding maximum speed)
• Expired Registration/License
• Improper passing
• Failure to yield
• Failure to stop
• Tailgating
• Racing
• Failure to pass to right of vehicle proceeding in opposite direction
• Driving in an unsafe manner
• Any other Moving Violation
New Jersey Motor Vehicle Commission Points
Even just 2 points can potentially double your insurance rates. 2 points is the minimum for any moving violation. More than two points can trigger surcharges, and run the risk of your insurance company cancelling your policy. Once you receive 12 points on your license, your license will be suspended by the New Jersey Motor Vehicle Commission (MVC). (For a list of all traffic offense violations and related points, refer to the official NJ MVC site.) After you receive 6 points in your license, you will receive a warning by mail.
New Jersey DUI / DWI Frequently Asked Questions (FAQ)
What can a lawyer do for me to fight a New Jersey Traffic Ticket?
• An experienced New Jersey Traffic Attorney can often save you points on your license, which saves you money in increased insurance premiums, and surcharges – either by beating the charge(s) or getting them reduced to a lesser number of points that you can live with.
• If you are at risk a suspension for too many points, you may not want to take the risk of arguing the case yourself.
• Your Attorney will know what arguments have a good chance of succeeding, and which ones have no chance.
• There may be specific defenses that you wouldn’t be aware of, depending on the circumstances of the traffic stop specific to your case.
How can I reduce the number of points I have on my New Jersey Driver’s License?
• 1 year after a violation, you can have up to 3 points removed.
• You can get annual safe driver points for driving for a full year without any new violations.
• You can also have points subtracted for participation in MVC approved driving programs, such as:
• driver improvement program (up to the 3 point annual maximum once every 2 years)
• defensive driving courts (2 points once every five years)
What will happen to my Insurance rates?
The insurance companies will surcharge your rates based on the number of points you have. In addition, there are separate points in addition to the official Motor Vehicle Commission (MVC), know as “Insurance Points”. The Insurance companies will add insurance points for incidents such as a DWI, traffic accidents, and driving without insurance, which will further increase your rates.
Can I get a work license if my license is suspended?
No. Unlike many states, New Jersey does not issue any work license / hardship license / limited license. Suspended drivers will have to get through the entire period of your suspension without driving. As a result, it is important to explore every defense possible to fight the possible suspension of your driving privileges.
Am I going to serve jail time for a NJ DWI conviction?
In the e vent there was no accident or serious injuries, it is very unlikely that a driver would face jail time in connection with a first DWI / DUI offense.
If you are convicted on second offense, it is possible you may face 2 days in jail. A third offense has mandatory jail time of 6 months if you are found guilty. However, a skilled DWI defense attorney may be able to win your case and keep that from happening, or find a way to avoid jail time being part of your sentence.
How much does it cost to hire a traffic attorney?
There is no one answer to that question. Legal fees depend on the complexity of the case and the seriousness and number of charges, the necessity for expert witnesses, or investigators. Many motor vehicle offenses are handled by our office on a flat fee basis with our clients owning no additional legal fee. Please contact our office to discuss the fees required for your particular case. Our legal fees are competitive and we seek to represent our clients in a cost effective manner.
What happens if a refused to take a breath test?
You are required to agree to take a breath test as part of New Jersey’s implied consent law. If you refuse to take a breath test, you will be fined, and receive a license suspension of 6 months for refusing to submit to a chemical BAC test. For a second offense refusal, the license suspension period is 2 years, and it is 10 year for a 3rd offense breath test refusal. In general, it is advisable to take the breath test. However, if you refused, there may be certain defenses to the penalties for refusal.
What is the format and cost for the Alcohol Education classes?
The place for required alcohol education/awareness classes after a DWI charge is New Jersey’s Intoxicated Drivers Resource Centers (IDRC). For a first offense DWI, you will have to take at least 12 hours of program sessions, which is usually divided up into two 6 hour sessions, which costs $100. You will be evaluated by New Jersey’s Intoxicated Driver Program (IDP) unit who can require additional training or treatment at their discretion.
New Jersey Criminal Laws on Suspended or Revoked License
Driving on a Suspended License is a commonly charged offense in Jersey, but it can still have serious and inconvenient consequences. Police stops or scans of license plates often uncover suspended driver’s licenses or suspended motor vehicle registrations. Such suspensions can result from a paperwork error, a change of address, or late payment of a fine. Our office can help fight license and registration suspensions, reduce significant fines, and help you keep insurance rates from rising.
NJ Penalties – Driving on a Suspended or Revoked License
The penalties for driving on a suspended or revoked license are:
• First offense: $500 fine, and driver’s license suspension not to exceed 6 months, plus 9 car insurance eligibility points for each violation $750 DMV surcharges.
• Second offense: $750 fine, and jail for up to five days, driver’s license suspension not to exceed 6 months, 9 car insurance eligibility points for each violation, $750 DMV surcharges and if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)
• Third or subsequent offense: $1,000 fine; driver’s license suspension not to exceed 6 months, and imprisonment for 10 days, 9 car insurance eligibility points for each violation $750.00 DMV surcharges and, If the 3rd offense occurs within 5 years of a conviction of N.J.S.A. 39:3-40, then revocation of registration certificate for the period driver’s license is suspended (see N.J.S.A. 39:3-40.1)
• If you had unpaid surcharges, you will have an additional $3000 fine.
• If you did not have insurance, you are facing an additional $500 fine, an additional license suspension of up to 2 years, and up to 90 days in jail
• If someone was injured in an accident, you will be facing an additional 45 days in jail.
For all offenses, you can lose your license for up to six months. The new license suspension would be served consecutively, after your current suspension has been served.
For all offenses where your driving privileges are suspended, your registration will be revoked. You must surrender your registration card and your license plates to the New Jersey DMV. This applies to all the vehicles you own, or the vehicle that you were driving. Failure to surrender these items can result in impoundment of your vehicles. If other people drive your car or cars, it is possible to get temporary registration and plates.
Defenses to Driving on a Suspended/Revoked License
There are a variety of ways to defend against a Driving While Suspended charge, and potentially reduce or eliminate the most severe consequences. One defense is to make the state establish that they legally and properly notified you of your suspension.
New Jersey Reckless Driving and Careless Driving Charges
Reckless Driving and Careless Driving are similar charges under New Jersey Laws. Careless driving is essentially a less severe version of a Reckless Driving charge. The more motor vehicle points you have, the greater the risk of having your New Jersey license suspended, and this can also results in significant increases in your auto insurance rates. If you are concerned about keeping your right to drive, it makes sense to fight these charges and reduce or eliminate the motor vehicle point, especially if you already have a lot of points and are at risk of a license suspension.
Penalties for Careless Driving and Reckless Driving
The penalties for Reckless Driving in NJ are as follows:
• Jail of up to 2 Months (3 months for a 2nd offense)
• Fines of 50-$200. (Up to $500 for a Second Offense)
• 5 Points on your Driving Record
The penalties for Careless Driving are:
• Fines
• 2 Points on your Driving Record
39:4-96. Reckless driving; penalties
39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
We pride ourselves on the personal, one-on-one approach we take in our client’s case. To schedule a free consultation with Andrew J. Naideck, contact us at (973) 235-9400.