Traffic Offenses for Juveniles in New Jersey
Juvenile crimes go to Family Court. Shoplifting. Assault. Drug possession. All handled in the juvenile system with its emphasis on rehabilitation and confidentiality. But traffic offenses? Different. Traffic violations - even for 16-year-olds - go to Municipal Court. The same court that handles adult traffic cases. The same judges. The same penalties. Your teenager faces the adult system the moment they get behind the wheel and make a mistake. The Family Court protections that exist for other juvenile matters disappear when the offense involves a vehicle.
Welcome to Spodek Law Group. Our goal is to explain how traffic prosecution actually works for juveniles in New Jersey - the Municipal Court jurisdiction that applies adult rules to teen drivers, the Graduated Driver License restrictions that last until age 21, and the "Baby DUI" statute that triggers consequences at 0.01% blood alcohol level rather than the standard 0.08%. Todd Spodek has represented juveniles facing traffic charges throughout New Jersey and understands that teen driving offenses create consequences that extend far beyond the immediate ticket - license suspension, insurance surcharges, mandatory programs, and parental financial liability.
Here's the paradox that defines juvenile traffic law in New Jersey. The same state that treats a 16-year-old shoplifter as a juvenile deserving rehabilitation treats a 16-year-old speeder as an adult deserving full penalties. The vehicle creates a different legal universe. Step out of the car and your case goes to Family Court. Stay in the car and your case goes to Municipal Court. The distinction determines everything about how the system treats your teenager.
Municipal Court, Not Family Court - Traffic Is Different
Heres the system revelation that most parents dont understand until there sitting in court. Traffic offenses for juveniles are handled in Municipal Court - not Family Court. The process for adjudicating DWIs is identical for adults and juveniles. The penalties are the same regardless of whether the defendant is 17 or 37. The rehabilitation-focused approach of the juvenile justice system dosent apply to traffic matters. Your teenager faces the adult system.
Municipal Court sits in the town where the offense occurred. The officer writes the ticket in Paterson, the case is heard in Paterson Municipal Court. The officer writes the ticket in Hoboken, the case is heard in Hoboken Municipal Court. The location follows the offense, not the defendants residence. Your teenager might face court appearances in a town they drove through once.
The consequence of Municipal Court jurisdiction is adult treatment. The judge dosent ask about rehabilitation. The prosecutor dosent consider "best interests of the child." The focus is on the violation - did it happen or not - and the penalty that follows. Points go on the license. Fines get imposed. Insurance premiums increase. The same system that handles adult drivers handles your teen.
Traffic violations go to Municipal Court, not Family Court. This means adult rules apply to teen drivers. Understanding this jurisdictional difference is essential before you decide how to handle your teenagers traffic case.
The GDL System - Stricter Rules for Teen Drivers
Heres the inversion that creates heightened consequences for teen drivers. Adults can accumulate 12 points before losing their license. Teen drivers under the Graduated Driver License system face suspension at just 4 points. Four points. One reckless driving charge. One citation for passing a school bus. The threshold for license suspension drops by two-thirds for GDL drivers compared to adults.
The GDL system imposes restrictions that last until age 21. Not 18. Twenty-one. The red decal on the license plate identifies the driver as under 21. The passenger restriction limits non-household passengers to one person under 21. The curfew prohibits driving between 11 PM and 5 AM except for emergencies, religious activities, or work. These restrictions apply regardless of how long the teen has been driving.
The point thresholds trigger mandatory programs. Two or more points requires completion of a driver improvement course. Four or more points triggers the Probationary Driver Program - a $100 fee and mandatory attendance. After completing PDP, any additional violation results in automatic three-month license suspension. The escalation happens fast.
This is the consequence cascade that catches families off guard. One speeding ticket worth 2 points. Mandatory driver improvement course. Another ticket worth 2 points. Now at 4 points. Probationary Driver Program required. $100 fee. Time commitment. After completing PDP, one more ticket - any ticket - means three months without a license. The cascade from first ticket to suspension can happen in months.
Baby DUI - Any Alcohol Means Consequences
Heres the specific number that changes everything for underage drivers. Adults face DWI at 0.08% blood alcohol concentration. Drivers under 21 face consequences at 0.01%. One sip of beer can put you over 0.01%. The "Baby DUI" statute - N.J.S.A. 39:4-50.14 - applies to any detectable alcohol for anyone under legal drinking age. Zero tolerance means exactly that.
The penalties for Baby DUI include 30 to 90 days license suspension. Mandatory attendance at the Intoxicated Driver Resource Center - up to 48 hours. Completion of a four-hour remedial driving course. Probationary license extended by one year. If you only have a learners permit, the suspension can extend by another 90 days. The consequences cascade from one bad decision at a party.
Heres the hidden connection that matters for future exposure. Baby DUI under 39:4-50.14 is NOT considered a "first offense" DWI for enhancement purposes. If the same driver gets a regular DWI later - at 0.08% or above - they face first offense penalties, not enhanced second offense penalties. The Baby DUI dosent count as a prior. This matters for long-term exposure calculation.
Underage drivers face consequences at 0.01% BAC - essentially any alcohol. The Baby DUI threshold is 8 times lower than the adult standard. Understanding this difference is critical for any family with teen drivers.
The Points System - How Fast Teens Lose Licenses
Heres the uncomfortable truth about how the points system works against teen drivers. Adults accumulate points from violations. Teens accumulate points from the same violations - but the consequences trigger at much lower thresholds. What takes an adult 12 points to lose their license takes a teen just 4 points. The system is designed to pull teen licenses faster.
The point values havent changed. Speeding 1-14 mph over limit carries 2 points. Speeding 15-29 mph over limit carries 4 points. Speeding 30+ mph over limit carries 5 points. Reckless driving carries 5 points. Tailgating carries 5 points. Racing on highway carries 5 points. Passing a school bus carries 5 points. Leaving the scene with personal injury carries 8 points. One serious violation can hit the 4-point threshold immediately.
The plea bargain loophole exists but creates its own problems. Many traffic tickets get plea bargained to "unsafe operation" - a zero-point violation. This protects the license. But the Teen Driver Study Commission noted that plea bargains allow drivers to circumvent the point-based monitoring system. The teen avoids points but the unsafe driving pattern goes unaddressed. The system meant to identify problem drivers gets bypassed.
The consequence cascade from points extends to insurance. Six or more points triggers insurance surcharges. Parents - who own the policy - pay higher premiums becuase of the teens violations. The financial burden shifts to the family even though the teen was driving. Points dont just affect the license. They affect the family budget for years.
Reckless Driving and Serious Violations
Heres the specific numbers that define serious traffic exposure for juveniles. Reckless driving under N.J.S.A. 39:4-96 carries 5 points. That 5 points exceeds the 4-point threshold that triggers Probationary Driver Program for GDL drivers. One reckless driving conviction puts your teen into the mandatory program immediately.
But points are just the beginning. Reckless driving carries up to 60 days in jail. Fines between $50 and $200. License suspension up to 90 days if the judge determines the driver is a hazard. For a second offense, the jail exposure increases to 90 days. Fines increase to $100-$500. License suspension can extend to 180 days. The teenager facing reckless driving charges faces adult penalties in Municipal Court.
Racing on a highway carries identical point exposure - 5 points. Passing a school bus - 5 points. Tailgating - 5 points. Leaving the scene of an accident involving property damage - 2 points. Leaving the scene with personal injury - 8 points. These violations aggregate. Multiple violations in one incident can stack points far beyond the 4-point threshold.
The consequence cascade from serious violations runs through everything. Reckless driving charge. 5 points. Probationary Driver Program required. $100 fee plus time. Any subsequent violation triggers 3-month suspension. Insurance surcharges kick in. Parents pay higher premiums. The teens ability to drive to school or work disappears. One serious mistake cascades through months of consequences.
What Parents Need to Know
Heres the uncomfortable truth that surprises most parents. You are legally responsible for the fines your teenager incurs. You werent driving. You werent there. But New Jersey law holds parents responsible for fines imposed on minor drivers. The financial consequence of your teens traffic violation lands on you.
The red decal requirement creates visibility that cuts both ways. Since May 2010, New Jersey has required drivers under 21 to display red decals on their license plates. The decal identifies the driver as a GDL-restricted driver. This helps police identify curfew violations and passenger violations. Critics argue it also makes teen drivers more visible targets for enforcement - and potentially for predators. The safety feature creates enforcement exposure.
The insurance consequences affect the entire household. Your teen gets a speeding ticket. Points go on there license. Your insurance premium - not theirs - increases. The surcharge applies to your policy because the teen is covered under your policy. You pay for years becuase of one ticket. The financial cascade dosent stop at the fine.
If your teenager is facing traffic charges in New Jersey, the time to get representation is now. Not after the points accumulate. Not after the license suspension. Now. Municipal Court applies adult rules to teen drivers. The GDL system suspends licenses at thresholds adults would survive. Early intervention can make the difference between managable consequences and cascade effects that last for years.
Call Spodek Law Group at 888-997-5177. We handle juvenile traffic matters throughout New Jersey. The consultation is confidential. The advice is real. And in a system were your teenager faces adult penalties in Municipal Court while still subject to GDL restrictions that suspend licenses at 4 points, having representation that understands both systems is exactly what seperates outcomes.
The New Jersey traffic system will continue operating wheather you understand it or not. Municipal Court will continue treating teen traffic cases like adult cases. The GDL system will continue triggering suspensions at thresholds far below what adults face. Insurance companies will continue charging parents for teen violations. Your choice is wheather to face that system with representation that knows how juvenile traffic prosecution actualy works - or without.
