The Kugel Law Firm

Understanding the Surcharge System in New Jersey

The state of New Jersey has a complex system for assessing fees to drivers who violate traffic laws, including imposing additional charges known as NJ surcharge. These fees are typically two to three times the amount of the fine for a given violation, and they help fund a variety of state programs and transportation initiatives. In some cases, a failure to pay a NJ surcharge can lead to collection efforts by the state, which may include wage garnishment or bank account levies. Therefore, it is important to understand how the system works in order to avoid unnecessarily costly consequences.

Among the most common violations that can result in the imposition of surcharges are certain motor vehicle point violations and convictions for serious, specific offenses such as driving under the influence (DUI). If you have received one of these tickets or convictions, it is crucial to contact an experienced Hamilton traffic attorney who can help you contest the ticket to minimize the effects on your driving record.

In addition to paying any fines and penalties associated with a traffic violation, many motorists must also pay NJ surcharge as part of their court-ordered payment plan. This is because the state’s Department of Motor Vehicles has a surcharge program that is used to generate funds for state programs and initiatives. The purpose of the surcharge system is to promote safe driving and deter habitual traffic offenders by making it more expensive to break New Jersey’s traffic laws.

When a driver receives a traffic ticket, the state of New Jersey will usually impose a variety of penalties that can include fines and suspension of a motorist’s driver’s license. In some cases, the state will also impose surcharges, which are often referred to as “overage” fees and can be quite significant. If a driver fails to pay their NJ surcharge, the state may refer them to a collections agency, which could result in wage garnishment and other collection methods that can increase the total debt owed.

Recently, New Jersey Governor Phil Murphy signed into law a bill that caps surcharges that merchants can impose on customers who choose to use credit cards. The new law limits the amount of surcharges that merchants can charge and requires them to disclose these charges to customers.

However, it remains to be seen whether other states will follow New Jersey’s lead and pass legislation that limits these surcharges. In the meantime, it is critical for all drivers to stay up-to-date on these changing laws and how they affect them. Fortunately, there are several options available for motorists who wish to make NJ surcharge payments, including online payment and phone payment.

New Jersey Surcharge Program Details

In addition to court-imposed fines and penalties, drivers in New Jersey may be required to pay additional fees for certain traffic offenses. These fees are called surcharges and are used to help pay for infrastructure projects, transportation initiatives, and other state-related expenses. Some of the more common traffic offenses that result in NJ surcharge include speeding, reckless driving, and accumulating violation points on a driver’s record. Depending on the type of violation and the severity, these surcharges can be quite costly.

To determine if you have any outstanding fines or NJ surcharge, you can request a copy of your driver history abstract through the NJ MVC. This document lists all of your violations, accidents, and points. It is important to know the state of your driver history as this will play a role in car insurance rates, license and permit eligibility, and other driving related matters.

If you have been convicted of a serious traffic offense or have accumulated too many violation points, the NJ MVC will impose a number of different surcharges on your record. The amount of the surcharge varies by offense, but can range from $100 for driving without a valid license to $1000 per year for three years for DUI. These surcharges are on top of the standard MVC fines and are intended to encourage safe driving behaviors by raising the cost of unsafe driving.

While the MVC does not specifically list a NJ surcharge forgiveness program, some drivers have been able to get some of their surcharges forgiven in situations where financial hardship is proven. The best way to avoid NJ surcharge is to keep a clean driving record by following some simple driving safety tips. These include being aware of your surroundings, checking your mirrors regularly, and avoiding distractions while driving.

You can make an online payment for your NJ surcharge fine via the MVC website. You will need to have either your driver’s license number, surcharge number, judgment number, or payment plan number to access your record and make a payment. When paying online, it is important to note that there will be a transaction fee associated with the payment. Likewise, when making payments over the phone, it is important to be aware of any applicable processing fees, which will vary by provider.

MVC surcharges are collected in addition to any other fines or penalties imposed by the courts or automobile insurance companies. These fines and fees are used to pay for things like traffic safety education programs, auto insurance subsidies for those who cannot afford it, and alcohol rehabilitation programs for impaired drivers. The MVC also borrows against this revenue to pay for other state obligations and relies on annual surcharge collections to repay those bonds.

As of August 18, 2019, New Jersey Governor Phil Murphy signed into law a bill that limits merchant surcharges on credit card transactions to no more than what the seller pays to process the transaction. 

Surcharge Points in New Jersey

New Jersey drivers who accumulate points on their driving records may be subject to NJ surcharge that is in addition to any court imposed fine or penalty. These additional surcharges are charged based on the number of points accumulated and are billed yearly for three years. Insurance companies also keep track of driver’s points and many will penalize their policyholders with higher premiums if they receive too many points. Whether you’re a New Jersey driver who is facing state or insurance company imposed points, it’s important to consult with an experienced traffic ticket attorney to discuss NJ surcharge.

In general, a driver can expect to pay NJ surcharge for traffic violations that are found in Title 39 of the New Jersey Motor Vehicle Code (NJMVC). Some of the more common offenses include:

Each violation results in one or more points being added to your record. If you have six or more points within a three year period, the NJMVC will impose an insurance surcharge on your auto insurance. This surcharge is a minimum of $150 per year for three years. This is in addition to any other penalties or fines imposed by the court or your insurance company.

A driver who receives 12 or more points on their record in two or more years will have their license suspended by the NJMVC. The only exception is if the driver takes and passes an approved driver improvement course that eliminates two points from their record. However, a driver must wait a full year after taking a driver improvement course before they are eligible to apply to have these points reduced from their record.

If a driver fails to pay their NJ surcharge, the NJMVC will file a certificate of judgment with the Superior Court of New Jersey. This judgment will allow the MVC to utilize a provision of New Jersey law that allows it to withhold any tax refunds or rebates processed by the Division of Taxation until the judgment is paid in full.

New Jersey is currently one of only four states that levy annual NJ surcharge on defendants in addition to any court-imposed fines or penalties. This is a practice that defense attorneys and lawmakers have complained about as it unfairly burdens poorer residents. New Jersey’s legislature recently passed a law that will eventually get rid of these charges, but it won’t take effect until 2035.

If you’ve received a traffic citation that could result in the accumulation of points on your driving record, consult with a New Jersey Traffic Ticket Lawyer to discuss your options. Whether you’re fighting the ticket in court or pleading guilty, an attorney can help minimize the impact of traffic violation points on your driving record.  

The Kugel Law Firm

The Kugel Law Firm

1 Gateway Center Suite 2600, Newark, NJ 07102, United States

(973) 854-0098