One of the most common inquires I get from drivers who live outside of New Jersey is what effect a New Jersey ticket will have on their licenses and insurance rates in their home states. I have tried to get answers to these questions by researching the statutes in various states on the web, however, it is not uncommon for people to tell me that they get a different answer when they contact the motor vehicle agency in their own state. It is also not unusual for people to tell me that what actually happens is not what their motor vehicle agency is telling them. It is also virtually impossible to get a straight answer about how a New Jersey ticket will effect car insurance rates of out of state drivers.

Please click on one of the following states to understand how a New Jersey Traffic Ticket will affect you.

Connecticut | New York | Pennnsylvania | Florida | Maryland | Virginia | Massachusetts | California | Texas

The Ignition Interlock Requirement for Out of State Drivers

July 19, 2013 · Posted in Blog, DWI / DUI Blog, Out-of-State Drivers Blog 

The ignition interlock requirement, which went into effect in January 2010, is a relatively recent development under New Jersey DWI law.  Under the new law, first-time DWI offenders whose blood alcohol content (“BAC”) is 0.15% or higher must install the interlock device in their vehicle.  Moreover, those individuals convicted of a subsequent DWI – regardless of their BAC – are required to install the interlock device.

Often times, our DWI clients are licensed in a state other than New Jersey.  One of the questions that arise in these cases is whether or not the individual is required to install the ignition interlock device on their vehicle.  In an article entitled “Ignition Interlock Device FAQs,” the New Jersey Motor Vehicle Commission has stated the following on this topic:   Read More »

Representing New York-Licensed Drivers Charged with DWIs in New Jersey

December 20, 2012 · Posted in Blog, DWI / DUI Blog, Out-of-State Drivers Blog 

The attorneys at the our firm often encounter the scenario where an out-of-state driver from New York is charged with DWI in New Jersey.  Defending these cases requires special attention as attorneys must possess knowledge regarding both states’ DWI laws in order to ensure the best outcome for the clientThis article will provide a brief overview of what a New York-licensed driver can expect if they are convicted of a DWI in New Jersey as well as the penalties and consequences that they may face in both states.

Perhaps the most important difference between New Jersey and New York DWI offenses is that while DWIs in New Jersey are considered traffic offenses (unless someone is injured or killed), they are considered crimes in New York.  A first DWI in New York is charged as a misdemeanor while a second offense is charged as a felony (if committed within ten years of the first offense).

As a New York-licensed driver convicted of DWI in New Jersey, you will face penalties in both states.  If convicted, New Jersey will imposed the following penalties: Read More »

New Jersey Traffic Tickets for Texas Residents

December 17, 2012 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

According to the Texas Department of Public Safety (“DPS”), points for out-of-state moving violations are assessed as follows:

  • Two points are assessed for an out-of-state moving violation conviction; and
  • Three points are assessed for an out-of-state moving violation that resulted in a crash.

Once the conviction has been added to the driver record, points will be assigned and will remain on the driver record for a period of three years from the date of conviction. Individuals who have six or more points on their Texas driver record are assessed a surcharge every year they maintain six or more points. If you are charged with a moving violation, the attorneys at our office may be able to get your ticket dismissed or plead down to a non-moving violation with a reduced fine, leaving your driving record intact.

DPS may suspend or disqualify an individual’s driver license upon notice of conviction for an offense committed in another state that, if the offense was committed in Texas, would be grounds for a suspension or disqualification.

With regard to out-of-state driving privilege suspensions, the Texas DPS states as follows:

Any individual who has a suspended driving status in another state or jurisdiction is not eligible for a Texas driver license. If a Texas driver license is issued and the individual’s driver eligibility status changes in another state or jurisdiction, then the Texas driver license is subject to cancellation. If an individual has a suspended driving status in another state or jurisdiction, then the individual must obtain a “clear” or “eligible” status from that state’s driver licensing agency to prevent the cancellation of the Texas driver license (documents submitted by an out-of-state court will not be accepted);

With respect to unpaid traffic citations, the Texas DPS states that it “may revoke a driver’s license if an individual has not complied with the terms of a traffic citation received in another state.”

NJ Traffic Tickets for Connecticut Residents

November 28, 2012 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

The New Jersey MVC will report traffic tickets to the Connecticut DMV as both states are members of the Driver’s License Compact. The Connecticut DMV, however, will usually not assign points to an individual’s driving record for an out of state violation so long as the individual makes payment in full and disposes of the case. Points are only given if there is a conviction (a finding of guilty) or a bond forfeiture, after a court hearing. The DMV does not specify whether the points imposed, if any, are different if the violation occurs out of state. Check with the Connecticut Driver Service Division at 860 263 5720 to find out for certain if points are assigned and, if so, how many for out of state moving violations.

If you fail to pay for a ticket of appear in court in New Jersey, the Connecticut DMV will suspend your driving privileges in Connecticut, as both states are members of the Non-Resident Violator Compact. On this subject, the official Connecticut DMV website states:

If you have received a suspension notice for failure to appear/pay a fine resulting from a ticket issued from another state, you must contact the court indicated on the document enclosed with the suspension notice. If the ticket is paid before the effective date of suspension, or if the case is
reopened by the court before the effective date of suspension, you must submit a copy of the court receipt issued by the state that shows the citation number and the date of payment to the address below.

If the ticket is paid on or after the effective date of suspension, or if the case is reopened by the court on or after the effective date of suspension, along with the receipt, you must also submit a check or money order payable to “DMV” in the amount of $175 to restore your driver’s license or driving privilege to the following address:

State of Connecticut
Department of Motor Vehicles
Driver Services Division
60 State Street
Wethersfield, CT 06161 2525

Please clearly print your name, current address and date of birth on all documents. Please allow two weeks for processing

You cannot legally operate a motor vehicle until you receive an official notice from the Department of Motor Vehicles informing you that the restoration has been processed.

NJ Traffic Tickets for Virginia Residents

June 30, 2011 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

When you are convicted of a traffic violation, the court notifies the Department of Motor Vehicles (DMV). DMV does the following:

  • Posts the conviction to your driving record Assigns demerit points to you according to the severity of the offense
  • Issues an order of suspension, if applicable
  • Issues an order requiring the successful completion of a driver improvement clinic, if applicable
  • Notifies your insurance company upon request

Violations are grouped according to the number of DMV demerit points assigned to each violation. The number of years that the conviction stays on your DMV record is in parentheses beside each violation. DMV also posts to your record traffic violations that do not carry demerit points. Demerit points will also be assigned to your record for traffic convictions incurred in other states.

The length of time that a conviction stays on your record depends on the severity of the violation. If you receive an order or notice of revocation, suspension, disqualification or cancellation, your convictions could remain on your record even longer. DMV demerit points remain on your record for two years from the date that you commit the offense. The dates that demerit points are removed from your driving record are not related to the dates that convictions are removed from your record.

Your insurance company may also assign points on your insurance record; however, DMV demerit points are not related to insurance company points. Insurance company points are developed by individual companies. Demerit points are assigned when you commit a traffic violation and will remain valid for two years from the date you commit the offense. Different violations carry different demerit point values, depending on the seriousness of the offense.

For a list of VA traffic violations and point schedules see:

http://www.dmv.virginia.gov/webdoc/pdf/dmv115.pdf

NJ Traffic Tickets for New York Residents

September 16, 2009 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

The official NYSDMV web site states;

The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario. Under special agreements, traffic convictions in Quebec or Ontario are recorded on NYS driver license records and carry points. Except for violations in Ontario and Quebec, points are not added to your NYS record for out-of-state violations.

If you do not respond to a ticket or fail to pay a fine for a moving violation that you committed in any state except Alaska, California, Michigan, Montana, Oregon or Wisconsin, the DMV suspends your NYS driver license until you respond to the ticket or pay the fine. If a driver from a state except these six states fails to respond to a traffic ticket issued in NYS, their driver license will be suspended until the driver responds to the traffic ticket in NYS.

Drivers from other states must contact the DMV in their home state to get information about the effect of a traffic violation conviction that occurs in NYS.

If you receive a conviction for an alcohol-related or drug-related driving violation in any state, your NYS driver license is revoked for at least six months.

The official position is not the experience reported to me by many NY Drivers. They tell me that New York divides out of state tickets into minor and major varieties and that violations such as Reckless Driving which is 5 NJ points does transfer over to their NY licenses. They also inform me that even a 4 or 2 point speeding ticket received in NJ causes their NY insurance rates to go up. I would be very interested in hearing about your experiences.

NJ Traffic Tickets for Massachusetts Residents

September 4, 2009 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

Information From Mass.gov;

Out-of-State Violations

Massachusetts has arranged to share driving-record and criminal-violation information with other states. Certain traffic offenses you have committed in other states will be placed on your driving record and treated by the RMV as if they had occurred in Massachusetts.

As explained later in this chapter, out-of-state violations count toward possible license suspension and automobile insurance surcharges. Furthermore, if your license or driving privileges have been suspended or revoked in another state, your Massachusetts license will be suspended automatically.

Out-of-State Suspensions

If your driving privileges have been suspended or revoked in another state, your Massachusetts driver’s license will be suspended until your out-of-state suspension or revocation is resolved. Once your license has been reinstated in the state that suspended or revoked it, you can settle your Massachusetts suspension by bringing either a reinstatement letter or a current driving record from the state of suspension to any full service RMV Branch. For certain offenses, you may be required to submit additional information. Your reinstatement letter or driving record must be no more than 30 days old. Each state in the United States is required to notify the Massachusetts RMV of any traffic offenses you commit out of state. Again, these offenses will be treated as if they occurred in the Commonwealth if they are a “like” offense.

To determine what is a “like” offense, the RMV will look at what conduct the other state’s law prohibits, not whether or not the other state chose to assess a higher or lower penalty, or treat the offense as a civil or criminal infraction.

Massachusetts state law requires the RMV to apply Massachusetts license suspension rules to any of these out-of-state violations, even if an offense did not cause a suspension in another state.

NJ Traffic Tickets for Florida Residents

August 9, 2009 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

Floida DMV says;

If you hold a Florida license and have received a ticket in another state, they will send Florida the ticket information and it will be added to your record. You will receive points on your license if the ticket is a point-accessible violation according to Florida Statute 322.27(3). Florida law does not allow any school or program to remove points for a ticket received in another state.

Any unpaid ticket reported by another state will result in the suspension of your Florida license. If this has happened you must contact the county where you received the ticket and obtain a receipt with the Court seal. You must present this receipt to DHSMV via fax (850-617-5178), or mail, or in person at any Florida Driver License Office. There will be a D6 suspension reinstatement fee due if the ticket was paid after the Florida suspension date. If you are not sure if you owe the D6 suspension reinstatement fee or have trouble contacting the county where you received the ticket, please call 850-617-2000 or inquire at your local Driver License Office in person.

NJ Traffic Tickets for Maryland Residents

July 30, 2009 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

DMV information;

What does MVA consider a moving violation conviction?

A moving violation conviction is any conviction for which points are assessed under the Maryland point system, or any conviction received in another state or jurisdiction that is similar to a moving violation in Maryland.

Maryland car insurance information found here.

The Maryland Driver’s Handbook states that traffic violation convictions that occur in member states of the Drivers License Compact and thus are reported back the MD Motor Vehicle Administration (MVA) will be treated in the same manner as if the offenses occurred in Maryland.

Out of state traffic convictions for moving violations are put on to the Maryland motorist’s driving record when the information is received in from the other jurisdiction. Whether Maryland assesses points or not for a violation usually does not matter to an insurance company, it is the violation itself they look at.

So, yes an out of state moving violation that is listed on your Maryland driving history can be looked at by your insurance company. It will depend on your insurance company’s rating system if this violation will be “used against” you and affect your insurance premiums.

NJ Traffic Tickets for California Residents

July 21, 2009 · Posted in Out-of-State Drivers Blog, Traffic Law Blog 

Information here can be found at http://www.dmv.ca.gov

Out-of-State Convictions

The department also assesses negligent operator points for traffic convictions California drivers receive in other states, the District of Columbia, Puerto Rico, and Canada. Under Vehicle Code 13363, the department determines whether the same violation, if committed in California, would be assessed negligent operator point count or would be grounds for suspension or revocation. Points resulting from out-of-state convictions may form the basis, or part of the basis, for a NOTS action.

Out-of-State Collisions

If a California driver has a collision out-of-state, it may be reported to the department through the Problem Driver Pointer System (PDPS), National Driver Register or out-of-state law enforcement agencies. These collisions are entered on individual records and report the date and location of the collision. When there is not enough information to determine responsibility, these collisions are not assigned NOTS points. Therefore, no NOTS action is imposed, except if the driver is suspended at Level III or IV and the collision occurs during a suspension when it is evidence of driving while suspended.

When these reports are reviewed and it is determined that the driver was responsible, had been drinking, was injured, etc. the report is then updated onto the driver’s record and, if the driver was responsible, the collision adds a NOTS point to the record.

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