Does Delaying Traffic Have Points in NJ? A Comprehensive Guide
If you’ve received a traffic ticket in New Jersey for “delaying traffic” under NJSA 39:4-56, you’re likely wondering about the consequences, particularly whether this violation adds points to your driving record. This blog post dives deep into the specifics of the delaying traffic violation in New Jersey, addressing user intent by clarifying the points system, fines, and potential impacts on your driving record and insurance. Written in line with Google’s 2025 content guidelines, this article provides accurate, fact-based information to help you understand the law, its implications, and your options.
What Is the Delaying Traffic Violation in New Jersey?
The New Jersey Revised Statutes, specifically NJSA 39:4-56, define the offense of delaying traffic as follows:
“No person shall drive or conduct a vehicle in such condition, so constructed or so loaded, as to be likely to cause delay in traffic or accident to man, beast or property.”
This statute is intentionally broad, covering scenarios where a vehicle’s condition, construction, or load could obstruct traffic flow or create hazardous conditions. Examples include:
- Driving a poorly maintained vehicle that risks breaking down and causing a traffic jam.
- Operating a vehicle with an improperly secured load, such as a truck with loose cargo.
- Driving a custom or industrial vehicle unsuitable for public roads, leading to delays.
The law focuses on the vehicle’s state or load rather than the driver’s behavior, such as driving too slowly (which is covered under a separate statute, NJSA 39:4-97.1). However, in practice, officers may issue a 39:4-56 citation for various reasons, sometimes as a less severe alternative to other violations like speeding or reckless driving.
Does Delaying Traffic Carry Points in NJ?
The short answer is no, a delaying traffic violation under NJSA 39:4-56 typically does not add points to your driving record in New Jersey. According to the New Jersey Motor Vehicle Commission (MVC) points schedule and multiple legal sources, this offense is considered a minor moving violation that carries a fine but no points.
Here’s why this matters:
- Points and Your Driving Record: In New Jersey, points are assigned to moving violations based on their severity. Accumulating 6 or more points within three years triggers a surcharge, while 12 or more points can lead to license suspension. Since delaying traffic does not add points, it poses less risk to your driving privileges compared to violations like speeding (2–5 points) or tailgating (5 points).
- Insurance Implications: While the absence of points is good news, a delaying traffic ticket is still recorded on your driving record as a moving violation. Some insurance companies may view this as a minor infraction and adjust your premiums slightly, though the impact is typically less severe than for point-carrying violations.
Fines and Other Penalties for Delaying Traffic
Although no points are assessed, a delaying traffic violation comes with financial penalties:
- Fine: The typical fine for violating NJSA 39:4-56 is around $55–$56, though this can vary slightly by municipality.
- Court Costs: If you contest the ticket and appear in court, you may incur additional court costs, often around $33, regardless of the outcome.
- Total Cost: Including fines and potential court costs, you’re looking at approximately $88–$100 if you fight the ticket and lose or plead guilty in court. Paying the ticket without contesting may keep costs closer to the base fine.
In rare cases, if the violation involves egregious circumstances (e.g., causing a significant hazard), a judge may impose additional penalties, but this is not standard for most delaying traffic citations.
Why Do Officers Issue Delaying Traffic Tickets?
The delaying traffic citation is often used by law enforcement as a “catch-all” or lenient charge. Here are common scenarios where you might receive this ticket:
- As a Downgrade: Officers may issue a 39:4-56 ticket instead of a more serious charge, such as speeding or reckless driving, which carry points. This can be seen as a “slap on the wrist” for minor infractions.
- Broad Application: The vague wording of the statute allows officers to apply it to various situations, such as driving too slowly, failing to maintain a lane, or operating a vehicle in poor condition.
- Negotiation Tool: In court, prosecutors may offer to downgrade a point-carrying violation (e.g., speeding) to delaying traffic to avoid adding points to your record, especially if you have a clean driving history.
For example, a driver cited for going 60 mph in a 65 mph zone might receive a delaying traffic ticket instead of a slow speed violation (NJSA 39:4-97.1, which carries 2 points). This discretion makes 39:4-56 a relatively favorable citation in terms of long-term consequences.
Should You Fight a Delaying Traffic Ticket?
Deciding whether to contest a delaying traffic ticket depends on your circumstances. Here are key considerations:
Reasons to Fight the Ticket
- Incorrect Citation: The statute applies specifically to delays caused by the vehicle’s condition or load, not driver behavior like slow driving. If you believe the officer cited the wrong statute (e.g., you were driving slowly but your vehicle was in good condition), you may have grounds to challenge the ticket. For instance, in the case State v. Brackin (NJ Appellate Div. 2011), the court noted that NJSA 39:4-56 was misapplied when the delay was due to driver conduct rather than vehicle condition.
- Errors on the Ticket: Mistakes, such as an incorrect license plate or date, could lead to dismissal.
- Insurance Concerns: Even without points, a moving violation on your record might prompt a slight insurance rate increase. Fighting the ticket could prevent this, especially if you have multiple violations.
- Clean Record: If you’re aiming to keep your driving record spotless, contesting the ticket might be worth the effort.
Reasons to Pay the Ticket
- Low Cost: With a fine of around $55 and no points, paying the ticket is often the simplest and cheapest option, avoiding court costs and time.
- Minor Impact: The violation’s minor nature means it’s unlikely to significantly affect your insurance or driving privileges.
- Time and Effort: Contesting a ticket requires appearing in municipal court, which may not be worth it for a low-stakes violation. Legal experts on platforms like Avvo have noted that fighting a no-point ticket is often not cost-effective unless there’s a clear error.
How to Fight the Ticket
If you choose to contest the ticket:
- Plead Not Guilty: Contact the court listed on the ticket to enter a not guilty plea and request a court date.
- Gather Evidence: Collect documentation, such as vehicle maintenance records, to show your vehicle was in good condition. Photos or witness statements may also help.
- Consult an Attorney: A traffic attorney can review the ticket for errors, negotiate with the prosecutor, or argue that the wrong statute was applied. Firms like Villani & DeLuca or Moldovan Law Firm specialize in NJ traffic cases.
- Court Appearance: Present your case or let your attorney negotiate a dismissal or downgrade. Even if you lose, the fine is typically the same as paying the ticket outright, plus court costs.
How Long Does a Delaying Traffic Ticket Stay on Your Record?
A delaying traffic violation remains on your New Jersey driving record permanently, as the MVC does not automatically expunge moving violations. However, its impact diminishes over time:
- Insurance Companies: Most insurers focus on the past 3–5 years of your driving record. A no-point violation like delaying traffic is unlikely to affect premiums significantly after this period.
- Point Accumulation: Since it carries no points, it won’t contribute to surcharges or license suspension unless combined with other point-carrying violations.
- Expungement: New Jersey does not typically allow expungement of traffic violations, but you can contact the MVC or an attorney to explore options for clearing minor infractions in specific cases.
Comparing Delaying Traffic to Other NJ Traffic Violations
To put the delaying traffic violation in context, here’s how it compares to other common NJ moving violations:
| Violation | Statute | Points | Typical Fine |
|---|---|---|---|
| Delaying Traffic | NJSA 39:4-56 | 0 | $55–$56 |
| Slow Speed Blocking Traffic | NJSA 39:4-97.1 | 2 | $85 |
| Speeding (1–14 mph over limit) | NJSA 39:4-98 | 2 | $85–$140 |
| Tailgating | NJSA 39:4-89 | 5 | $140–$240 |
| Reckless Driving | NJSA 39:4-96 | 5 | $200–$500 |
As shown, delaying traffic is among the least severe moving violations, making it a preferable citation in many cases.
Tips to Avoid Delaying Traffic Violations
To steer clear of a 39:4-56 citation:
- Maintain Your Vehicle: Regularly inspect your car or truck to ensure it’s roadworthy, with no mechanical issues that could cause breakdowns.
- Secure Loads Properly: If hauling cargo, ensure it’s tied down and complies with NJ regulations to avoid obstructing traffic.
- Drive Appropriately: While slow driving isn’t covered by 39:4-56, avoid impeding traffic unnecessarily to prevent related citations like NJSA 39:4-97.1.
- Stay Informed: Familiarize yourself with NJ traffic laws via the MVC website (www.nj.gov/mvc) or legal resources like law.justia.com.
Frequently Asked Questions
1. Can a delaying traffic ticket increase my insurance rates?
Yes, but the impact is minimal since it’s a no-point violation. Insurance companies may view it as a minor infraction, potentially raising rates slightly for 3–5 years.
2. Is delaying traffic the same as driving too slowly?
No. Delaying traffic (NJSA 39:4-56) relates to the vehicle’s condition or load, while slow speed blocking traffic (NJSA 39:4-97.1) addresses driving too slowly and carries 2 points.
3. Can I get a delaying traffic ticket dismissed?
Possibly, if there’s an error on the ticket or the officer cited the wrong statute. Consulting a traffic attorney increases your chances of dismissal or a favorable plea deal.
4. Should I hire a lawyer for a delaying traffic ticket?
For a low-cost, no-point violation, hiring a lawyer may not be cost-effective unless you believe the ticket was issued in error or you want to avoid any record of a violation.
Conclusion
A delaying traffic ticket under NJSA 39:4-56 in New Jersey is a minor moving violation that does not add points to your driving record, making it one of the less severe traffic citations. With a fine of around $55–$56 and no long-term impact on your license, it’s often simplest to pay the ticket, though contesting it may be worthwhile if you believe it was issued incorrectly or want to keep your record clean. Understanding the law, its broad application, and your options empowers you to make informed decisions.
If you’re facing a delaying traffic ticket or other traffic violation, consider consulting a New Jersey traffic attorney for personalized advice. For more information, visit the New Jersey Motor Vehicle Commission website (www.nj.gov/mvc) or review the statutes at law.justia.com.
By staying informed and proactive, you can navigate New Jersey’s traffic laws with confidence and keep your driving record in good standing.
Sources:
- New Jersey Motor Vehicle Commission (MVC): www.nj.gov/mvc
- New Jersey Statutes (NJSA 39:4-56 and related): law.justia.com
- Legal insights from traffic attorneys: www.avvo.com
- Villani & DeLuca, P.C.: www.villanideluca.com
- Moldovan Law Firm: www.moldovanlaw.com