What is Unsafe Operation in New Jersey 39:4-97.2?

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Unsafe operation is found at N.J.S. 39:4-97.2  Under this statute, you won’t have any points for the motor vehicle violation.  But you can only plead to this violation two times in a five year period.  A third offense will result in the Motor Vehicle Commission automatically issuing you four points on your license.  The penalties will be:

First Offense: $50-$150 fine, a $250 surcharge,  and $33 court costs
Second Offense: $100-$250 fine, a $250 surcharge, and $33 court costs
Third Offense: $200-$500 fine, 4 points, a $250 surcharge, and $33 court costs

There are no collateral consequences in New Jersey like license suspension or insurance surcharge.  However, you should closely monitor your points and driving history to make sure you qualify for this before you apply.  The prosecutor will rarely review your driver’s abstract or advise you of the consequences of a third offense.  Don’t  make the mistake of pleading to unsafe operation for a third time and turn a two point ticket into an expensive four point ticket. 

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