New Jersey Probationary License Traffic Tickets: What Parents Need to Know
What Happens When a Teenager With a Probationary License Gets a Speeding or Other Traffic Ticket?
Getting a driver’s license is a major milestone for a teenager. It can also be a source of anxiety for parents, especially when their son or daughter receives a traffic ticket shortly after getting behind the wheel.
If your teenager receives a speeding ticket, careless driving ticket, or another moving violation, one of the first questions to answer is:
Does your teenager still have a New Jersey probationary driver’s license, or has your teenager already obtained a basic driver’s license?
The distinction matters.
New Jersey imposes special rules and potential consequences on drivers who hold a probationary license. Those rules do not apply simply because someone is under the age of 21.
A teenager who has satisfied the applicable requirements may become eligible for a basic driver’s license at age 18.
A teenager with a basic driver’s license is still subject to New Jersey’s traffic laws. A conviction can result in fines, motor vehicle points, insurance consequences, or even suspension for certain offenses. But those are consequences applicable to drivers generally, not additional consequences based upon holding a probationary license.
If your teenager still has a probationary license, however, a traffic ticket requires particular attention. Simply paying the ticket may result in a guilty plea, motor vehicle points, and potentially additional consequences because of the driver’s probationary status.
Before paying the ticket, it is important to understand exactly what your teenager is charged with and what a conviction could mean.
Who Is a Probationary Driver in New Jersey?
New Jersey uses a Graduated Driver License (GDL) system to gradually introduce new drivers to unrestricted driving privileges.
A young driver generally progresses from a permit to a probationary driver’s license and ultimately to a basic driver’s license after satisfying the applicable requirements.
Importantly, a teenager does not necessarily remain a probationary driver until age 21.
A driver who has completed the required probationary period and satisfied the other requirements may become eligible for a basic driver’s license at age 18.
This means two 18-year-old drivers can be in very different situations:
- One 18-year-old may still hold a probationary driver’s license and therefore remain subject to probationary-license requirements.
- Another 18-year-old may already have obtained a basic driver’s license and is no longer subject to those special probationary-license provisions.
It is the type of license the teenager holds, not simply the teenager’s age, that determines whether the probationary-license provisions apply.
What Restrictions Apply While a Driver Still Has a Probationary License?
If a driver is under age 21 and still has a probationary license, N.J.S.A. 39:3-13.4 imposes special restrictions.
These generally include:
- No driving between 11:01 p.m. and 5:00 a.m., subject to statutory exceptions;
- Restrictions on the number of passengers permitted in the vehicle;
- Seat belt requirements;
- Display of the required GDL decals; and
- Restrictions on the use of handheld and hands-free interactive wireless communication devices while operating a moving vehicle, except in an emergency.
My Teenager Got a Traffic Ticket. Should We Just Pay It?
Not necessarily.
Many New Jersey traffic tickets can be paid online. That can make it tempting for a parent to simply pay the fine and tell the teenager to be more careful in the future.
But paying a traffic ticket generally means pleading guilty to the offense.
If the violation carries motor vehicle points, those points can become part of the driver’s MVC record.
Before paying a teenager’s ticket, parents should determine:
- What offense is charged?
- Does the offense carry motor vehicle points?
- How many points?
- Does the teenager still have a probationary license?
- Does the driver have any prior moving violations or points?
- Could the conviction trigger additional consequences because of the probationary license?
- Could the violation affect automobile insurance?
- Are there factual or legal defenses?
- Could the charge potentially be dismissed, amended, or otherwise resolved more favorably?
The amount of the fine is only one part of the decision.
What Happens if a Probationary Driver Gets a Traffic Ticket?
A traffic ticket does not automatically mean that a probationary driver’s license will be suspended.
The consequences depend upon the particular charge, the points associated with a conviction, and the driver’s prior history.
Common traffic tickets that may be issued to probationary drivers include:
Speeding: N.J.S.A. 39:4-98
Careless Driving: N.J.S.A. 39:4-97
Failure to Observe a Traffic Signal: N.J.S.A. 39:4-81
Improper Passing: N.J.S.A. 39:4-85
Failure to Maintain Lane: N.J.S.A. 39:4-88
Other moving violations may also result in motor vehicle points and other consequences.
Different offenses carry different penalties and point assessments. Even within the same type of offense, the consequences may vary. For example, the number of points associated with speeding depends upon how far above the speed limit the driver is convicted of traveling.
For a driver who still holds a probationary license, those points may also have significance under New Jersey’s probationary-driver rules.
Can a Probationary Driver Be Required to Complete a Driver Program?
Yes.
New Jersey imposes additional remedial requirements on drivers who are still in the probationary stage and accumulate qualifying points or convictions.
Under N.J.S.A. 39:3-13.4, a probationary license holder who accumulates more than two motor vehicle points or is convicted of certain specified motor vehicle offenses can be required, for a first qualifying violation, to complete a remedial training course.
The New Jersey Motor Vehicle Commission also administers a Probationary Driver Program (PDP). MVC materials explain that probationary drivers convicted of two or more moving violations totaling four or more points during the probationary period may be required to enroll in the program.
These are additional consequences associated with the driver’s probationary status.
Can a Probationary Driver Lose His or Her License?
Potentially, yes.
The consequences can become more serious when a driver who still holds a probationary license has subsequent qualifying violations.
Under N.J.S.A. 39:3-13.4, a second or subsequent qualifying violation can result in a three-month suspension of the probationary driver’s license and postponement of eligibility for a basic driver’s license for an equivalent period.
Certain traffic offenses may also carry their own suspension or other penalties regardless of whether the driver has a probationary or basic license.
For a probationary driver, therefore, there can be two separate layers of consequences:
First, there are the ordinary consequences associated with the traffic offense itself, such as fines, court costs, motor vehicle points, or other statutory penalties.
Second, there may be additional consequences because the driver still holds a probationary license.
That distinction is one of the most important things for parents to understand before resolving the ticket.
Can a Traffic Ticket Delay Getting a Basic Driver’s License?
For a driver who still has a probationary license, certain violations can interfere with progression to a basic driver’s license.
Qualifying violations during the probationary period can result in remedial requirements and, in appropriate circumstances, suspension and postponement of eligibility for a basic license.
Will My Teenager’s Traffic Ticket Affect Our Car Insurance?
It may.
Insurance consequences are separate from Municipal Court penalties and the MVC point system.
How a conviction affects automobile insurance depends upon the insurer, policy, offense, driving history and other factors.
An attorney generally cannot guarantee how a particular insurance company will treat a conviction. Nevertheless, potential insurance consequences are another reason parents may want to understand the implications of a proposed guilty plea before simply paying a ticket.
Can a Lawyer Help Reduce the Points or Other Consequences?
Depending upon the facts and circumstances, there may be options for seeking a dismissal, amendment or other resolution of a traffic charge.
An attorney can review the summons, the driver’s MVC record, the type of license the teenager currently holds, and the evidence surrounding the traffic stop to determine what defenses or alternatives may be available.
In some cases, there may be a factual or legal basis to challenge the charge. In others, the appropriate goal may be negotiating an amendment to a different offense that reduces the points or other consequences.
Every case is different, and no particular outcome can be guaranteed.
It is also important to be realistic. Not every teenager who receives a traffic ticket was wrongly charged. Young and inexperienced drivers make mistakes.
Even when a teenager did something wrong, however, that does not mean the family should simply accept an unnecessarily damaging result.
The goal should be a fair and reasonable resolution that takes into account what actually happened, the driver’s history, the type of license involved and the potential consequences.
For a teenager, the ability to drive can affect school, college, employment, sports, internships, and family responsibilities. When the circumstances permit, one driving mistake should not create consequences that are disproportionate to what occurred.
What Should Parents Do After Their Teenager Gets a Traffic Ticket?
First, do not automatically pay the ticket online before understanding what a guilty plea will mean.
Look at your teenager’s actual driver’s license and determine whether it is still a probationary license or whether your teenager has already obtained a basic driver’s license.
Then determine exactly what offense is charged and whether it carries points.
If there is evidence relevant to the traffic stop or accident, preserve it. This may include:
- Dashcam video;
- Photographs;
- Witness information;
- Accident information; and
- Documents provided by the police.
It is also important to know whether your teenager has prior tickets or motor vehicle points.
Once you have that information, speak with an attorney who handles New Jersey traffic and Municipal Court matters to determine the potential consequences and whether the ticket should be contested.
Did Your Teenager Get a Traffic Ticket While Holding a New Jersey Probationary License?
A speeding ticket, careless driving charge, or other moving violation may initially seem like a relatively minor problem.
But if your child still has a New Jersey probationary driver’s license, a conviction may have additional consequences under New Jersey’s probationary-driver laws.
If your teenager has already obtained a basic driver’s license, those probationary provisions do not continue to apply merely because the driver is under 21. The ticket can still result in points and other consequences, but the case should be evaluated under the rules applicable to a basic-license holder.
At Sutnick & Sutnick Attorneys at Law, our attorneys represent drivers in Municipal Courts throughout New Jersey. Our office is located in Hackensack, Bergen County, and we help parents and young drivers understand the consequences of speeding, careless driving, and other motor vehicle charges before making decisions about how to resolve them.
Even when a young driver made a mistake, our goal is to pursue a fair resolution that avoids unnecessary points or licensing consequences whenever the facts and law permit.