In New Jersey, a driver’s license is a privilege, not a right. If you make mistakes while driving or fail to follow traffic rules, you could face serious consequences, including a default conviction. A default conviction happens when you don’t respond to a traffic ticket or fail to appear in court, leading to an automatic guilty verdict.
This article explains what default convictions are, why they happen, common mistakes that lead to them, and how to avoid them.
What Is a Default Conviction?
A default conviction occurs when a driver does not take action after receiving a traffic ticket. In New Jersey, if you get a ticket for a traffic violation, you must either pay the fine, contest the ticket, or appear in court. If you ignore the ticket or miss your court date, the court assumes you are guilty. This is called a default conviction. It can lead to fines, points on your driving record, license suspension, or even a warrant for your arrest.
Why Do Default Convictions Happen?
Default convictions usually happen because drivers:
- Forget to respond to a ticket by the deadline.
- Ignore the ticket, thinking it’s not a big deal.
- Miss a court appearance due to confusion or lack of notice.
- Don’t understand the legal process or consequences.
Common Mistakes Leading to Default Convictions
Certain mistakes make it more likely for drivers to face a default conviction in New Jersey. Below are the most common ones, explained in simple terms.
1. Ignoring a Traffic Ticket
One of the biggest mistakes is ignoring a traffic ticket. Many drivers think a ticket for something minor, like speeding or running a red light, isn’t serious. However, in New Jersey, every ticket requires a response. If you don’t pay the fine or challenge the ticket by the deadline, the court enters a default conviction. This adds points to your driving record and may lead to higher fines or license suspension.
For example, a ticket for speeding (N.J.S.A. 39:4-98) can add 2 to 5 points to your license, depending on how fast you were going. Ignoring the ticket doesn’t make it go away—it leads to a default conviction and additional penalties.
2. Missing a Court Appearance
Some tickets, like those for reckless driving or driving without a license, require you to appear in court. If you don’t show up, the court issues a default conviction. This can happen if you:
- Didn’t read the ticket carefully and missed the court date.
- Moved and didn’t update your address with the New Jersey Motor Vehicle Commission (MVC), so you didn’t receive court notices.
- Assumed the court would reschedule automatically.
Missing a court date can also lead to a “failure to appear” notice, which may result in a bench warrant for your arrest or further license suspension.
3. Not Updating Your Address
New Jersey law requires drivers to update their address with the MVC within one week of moving. If you don’t, you might not receive important notices, like court dates or ticket reminders. Without these notices, you could miss deadlines and face a default conviction. For example, if you’re ticketed for an expired registration (N.J.S.A. 39:3-4) and don’t get the court notice because your address is outdated, the court may convict you by default.
4. Failing to Pay Fines or Surcharges
If you plead guilty or are found guilty of a traffic violation, you may have to pay fines or surcharges. Ignoring these payments can lead to a default conviction. In New Jersey, unpaid fines can trigger a license suspension. For instance, if you accumulate six or more points on your driving record within three years, you’ll face a surcharge of $150 plus $25 for each additional point. Not paying this surcharge can lead to further penalties and a default conviction if you don’t resolve the issue.
5. Not Understanding Ticket Instructions
Some drivers don’t understand how to respond to a ticket. Tickets in New Jersey often include instructions, like whether you need to appear in court or can pay the fine online. If you misread or don’t follow these instructions, you might miss a deadline, resulting in a default conviction. For example, a ticket for careless driving (N.J.S.A. 39:4-97) carries 2 points and may require a court appearance. Not following the ticket’s instructions can lead to an automatic guilty verdict.
Consequences of a Default Conviction
A default conviction is not just a small problem—it can have serious effects on your life. Here are the main consequences:
- Points on Your Driving Record: Most traffic violations add points to your license. For example, improper passing (N.J.S.A. 39:4-85) adds 4 points. Too many points (12 or more) can lead to license suspension.
- Fines and Surcharges: You’ll owe the original fine plus possible court costs. Unpaid fines can grow with interest or lead to additional surcharges.
- License Suspension: A default conviction can trigger a license suspension, making it illegal for you to drive. For example, a default conviction for driving without a license (N.J.S.A. 39:3-10) can lead to a fine of up to $500 and a suspension of at least 180 days.
- Increased Insurance Costs: Points and convictions make you a “high-risk” driver, causing your insurance rates to go up. In some cases, your insurer may cancel your policy.
- Arrest Warrants: If you miss a court date, the court may issue a bench warrant. This means police can arrest you during a future traffic stop or other encounter.
- Difficulty Getting a License: Multiple default convictions can make it harder to renew or reinstate your license in the future.
How to Avoid Default Convictions
You can take simple steps to avoid default convictions in New Jersey. Here’s how:
1. Read and Respond to Tickets Promptly
Always read your ticket carefully. Note the deadline for responding and whether you need to appear in court. If you can pay the fine, do so on time. If you want to fight the ticket, contact the court to schedule a hearing. Acting quickly prevents a default conviction.
2. Update Your Address
Make sure the MVC has your current address. You can update it online at the NJMVC website or visit a local MVC office. This ensures you receive all notices about tickets or court dates.
3. Attend Court Dates
If your ticket requires a court appearance, mark the date on your calendar and show up. If you can’t attend, contact the court to reschedule. Hiring a traffic attorney can also help you navigate the court process and avoid a default conviction.
4. Pay Fines and Surcharges
Pay all fines and surcharges as soon as possible. If you can’t afford to pay, contact the court to ask about payment plans. This prevents additional penalties and keeps your license in good standing.
5. Hire a Traffic Attorney
If you’re unsure how to handle a ticket or face serious charges, talk to a traffic attorney. They can explain your options, negotiate with prosecutors, or represent you in court to avoid a default conviction. For example, an attorney might help downgrade a ticket for improper passing to a lesser offense with fewer points.
What to Do If You Face a Default Conviction
If you’ve already received a default conviction, don’t panic. You may still have options:
- Contact the Court: Call the municipal court listed on your ticket. Explain your situation and ask if you can reopen the case. You may need to pay a fee or provide a reason, like not receiving the notice.
- Hire an Attorney: A traffic attorney can file a motion to vacate (cancel) the default conviction. They can argue that you didn’t receive proper notice or had a valid reason for missing the deadline.
- Pay Outstanding Fines: If the default conviction came from unpaid fines, pay them as soon as possible to avoid further penalties or license suspension.
- Check Your Driving Record: Request a copy of your driving record from the NJMVC to see how many points you have and whether your license is at risk. You can do this online for $15.
Conclusion
Default convictions in New Jersey can turn small driving mistakes into big problems. By ignoring tickets, missing court dates, or not updating your address, you risk fines, points, license suspension, and even arrest. The best way to avoid default convictions is to act quickly, follow ticket instructions, and keep your information up to date with the MVC. If you’re facing a default conviction, a traffic attorney can help you fix the issue and protect your driving privileges.
Driving safely and staying informed about New Jersey’s traffic laws can keep your record clean and your license safe. If you have questions about a ticket or default conviction, don’t wait—take action today to avoid bigger consequences tomorrow.