N.J. Stat. » Title 39 — MOTOR VEHICLES AND TRAFFIC REGULATION
New Jersey Statutes

N.J. Stat. § 39:4-97.2 (2026)

Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharges

✓ current as of May 2026
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1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

b. A person convicted of a first offense under subsection a. of this section shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

c. A person convicted of a second offense under subsection a. of this section shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

d. A person convicted of a third or subsequent offense under subsection a. of this section shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

f. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35). The surcharge shall be assessed for offenses occurring on or after July 24, 2000 but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the Chief Administrator of the Motor Vehicle Commission. The commission shall have no legal authority to collect any surcharge, together with any interest and administrative fees, that have been assessed but remain unpaid, or that may be levied and required to be paid, on or after that date.

Notes of Decisions
Cited in 3 cases, 2009–2020 · leading case: Patel v. New Jersey Motor Veh. Comm'n, 982 A.2d 445 (N.J. 2009).
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Patel v. New Jersey Motor Veh. Comm'n, 982 A.2d 445 (N.J. 2009). · cites it 2× “[ N.J.S.A. 39:4-97.2. ] The MVC interpreted the statute to require that Patel’s fourth violation subjected her to the imposition of motor vehicle penalty points under subsection d.”
State of New Jersey Vs. Krya Harrison (17-12-0715, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). · cites it 4× “39:4-97; and unsafe operation of a vehicle, N.J.S.A. 39:4-97.2. Defendant appeals from the judgment of conviction entered on an October 25, 2018, arguing the record lacked sufficient credible evidence to find her guilty of the charges.”
Alexander Moss, Jr. - Adversary Proceeding (Bankr. D.N.J. 2020). “§ 39:4-97.2. This Adversary Proceeding was filed on October 21, 2019, seeking damages for “a violation of the bankruptcy code’s discharge provisions, in that the debtor obtained a discharge of the relevant debt, and the creditor continues to act in a manner inconsistent with the…”
N.J. Stat. § 39:4-97.2(e): 1 case
Patel v. New Jersey Motor Veh. Comm'n, 982 A.2d 445 (N.J. 2009). “[ N.J.S.A. 39:4-97.2. ] The MVC interpreted the statute to require that Patel’s fourth violation subjected her to the imposition of motor vehicle penalty points under subsection d.”
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