Unsafe driving under N.J.S.A. 39:4-97.2 is one of the most commonly used tickets in New Jersey municipal courts — and one of the most misunderstood. Drivers are often offered an unsafe driving ticket as part of a plea bargain to avoid points, but they don’t always understand the long-term consequences for their license, wallet, or insurance.
This guide breaks down how unsafe driving works in New Jersey: when it’s a zero-point ticket, when it can suddenly become a 4-point problem, how much it really costs, and why out-of-state drivers and insurance customers need to be especially careful.
(Information only, not legal advice. Always speak with a New Jersey traffic attorney about your specific situation.)
What Is “Unsafe Driving” in New Jersey?
New Jersey’s unsafe driving statute, N.J.S.A. 39:4-97.2, is a traffic offense that’s often used as an alternative to more serious moving violations. In many municipal courts, drivers charged with speeding, careless driving, or other point-carrying offenses may be allowed to plead guilty to unsafe driving instead.
A few key features:
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It is typically reached through a plea bargain with the municipal prosecutor.
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The wording of the law is fairly broad, which is why prosecutors can use it in a wide range of situations.
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To most drivers, the main attraction is that unsafe driving can be a zero-point ticket — at least at first.
Because of that “no points” reputation, many drivers assume unsafe driving is always a safe option. That’s where people get into trouble.
How Many Points Is Unsafe Driving in NJ?
The points question is where N.J.S.A. 39:4-97.2 becomes tricky.
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First unsafe driving offense:
If this is the first time in your entire New Jersey driving history that you plead guilty to unsafe driving, the ticket is zero (0) points. -
Second unsafe driving offense:
The second plea to unsafe driving is also zero (0) points, as long as it is handled correctly. -
Third unsafe driving offense:
This is where the 4-point problem appears. If you plead guilty to unsafe driving a third time for an offense date that falls within five (5) years of your second unsafe driving ticket’s offense date, the New Jersey Motor Vehicle Commission (MVC) will assess 4 points on your license.
A few important details:
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The offense date, not the court date, controls the five-year window.
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After five years have passed from the offense date of your second unsafe driving ticket, a later plea to unsafe driving can go back to being a zero-point ticket.
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Many drivers — and even some lawyers and judges — still mistakenly believe that you only get points if you have three unsafe driving convictions within a five-year period, no matter the order. The appellate division and the New Jersey Supreme Court clarified that is not how the rule works.
If you are thinking about using unsafe driving more than once, you should know exactly where each prior ticket falls on your New Jersey driving history before you plead guilty again.
Fines, Surcharges, and the True Cost of an Unsafe Driving Ticket
Even when unsafe driving is a zero-point ticket, it is not cheap.
The law imposes a special surcharge on every unsafe driving conviction, which is why the total cost is much higher than for many other traffic offenses.
Approximate ranges (including court costs, but not counting every possible local variation):
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First unsafe driving offense: roughly $339–$489
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Second offense: roughly $389–$539
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Third offense: roughly $489–$839
A typical first-offense unsafe driving ticket might be itemized something like this:
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Base fine (for example): $150
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Statutory unsafe driving surcharge: $250
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State surcharges and fees
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Court costs
It’s not hard to see why many drivers are surprised when they hear the total at the end of the case. You may avoid points, but you pay for the privilege.
Because of the high fine and the risk of 4 MVC points on a third offense, it’s wise to talk through all options with a New Jersey traffic ticket lawyer before you agree to plead to unsafe driving.
Why Out-of-State Drivers Should Think Twice About Unsafe Driving
For out-of-state drivers, unsafe driving can be especially risky.
The “zero-point ticket” benefit is based on how New Jersey treats N.J.S.A. 39:4-97.2. Your home state may look at things very differently.
Common problems for out-of-state drivers:
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Your state may not recognize the New Jersey “unsafe driving” label.
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Many states interpret an unsafe driving ticket as careless driving or a similar moving violation instead — and then assign points under their own system.
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You could end up paying the higher unsafe driving fine in New Jersey and still receive points at home.
Some states, like Pennsylvania and New York, generally don’t assess points for certain out-of-state tickets for non-CDL drivers, but that doesn’t mean there are no consequences. License suspensions, insurance problems, and other issues may still arise.
The bottom line: if you don’t live in New Jersey, you should not assume that pleading guilty to an unsafe driving ticket will be point-free. There may be other zero-point or lower-impact options that work better with your home state’s system. Always get legal advice before you pay the ticket.
Unsafe Driving and Your Insurance Rates
One of the main reasons drivers look at unsafe driving is to protect their insurance rates. Under New Jersey law:
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Unsafe driving under N.J.S.A. 39:4-97.2 is a zero (0) point ticket (for the first two qualifying offenses).
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Insurance companies are generally not supposed to treat these zero-point convictions as if they were regular point-carrying violations.
However, some insurers still try to raise premiums after an unsafe driving ticket. This often happens when the company relies on a nationwide driving-history vendor that does not distinguish New Jersey unsafe driving from careless driving or similar offenses in other states. The report may incorrectly list:
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Unsafe driving as a 2-point careless driving charge for insurance purposes, even though the MVC gave you 0 points.
If your insurer hikes your rates, it may be based on wrong information.
What to Do If Your Insurance Goes Up After an Unsafe Driving Ticket
If you suspect your insurance company is treating an unsafe driving ticket as a point-carrying offense, you can challenge it. A common approach includes:
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Confirm the reason for the increase.
Ask your insurance company directly whether the unsafe driving conviction is the reason your premium went up. If possible, get that answer in writing. -
Obtain your New Jersey driving abstract.
Request an official copy of your New Jersey driving history from the MVC. It should show that the unsafe driving ticket resulted in zero (0) points (if it was one of your first two qualifying offenses). -
Write to your insurer.
Send a letter (or secure message) to the insurance company:-
Explain that the nationwide driving history is inaccurate for New Jersey unsafe driving.
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Include a copy of your official New Jersey driving abstract showing 0 points.
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Ask them to recalculate your premium based on correct information.
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Consider legal help if they refuse.
If the insurance company will not adjust your rates even after you provide proof, you may have rights under New Jersey law. At that stage, it often makes sense to speak with an attorney familiar with traffic and insurance issues.
When to Talk to a New Jersey Traffic Ticket Lawyer About Unsafe Driving
Because unsafe driving under N.J.S.A. 39:4-97.2 is complex — zero points sometimes, 4 points other times, expensive fines, and potential insurance and out-of-state traps — it’s rarely wise to simply “pay it and move on” without understanding the full picture.
You should strongly consider speaking with a New Jersey traffic lawyer if:
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You already have one or more prior unsafe driving convictions.
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You are unsure how the five-year look-back applies to your case.
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You live outside New Jersey and are worried about your home state’s point system.
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You have a CDL or your job relies heavily on your driving record.
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Your insurance rates have gone up after an unsafe driving ticket.
A brief consultation can help you understand your options, avoid unexpected 4-point surprises, and protect both your New Jersey driving history and your long-term insurance costs.