Most drivers in New Jersey have felt that sinking feeling—the sudden appearance of flashing red and blue lights in the rearview mirror. The immediate thought is usually about the cost of the ticket, the points on the license, and the inevitable insurance hike. For the vast majority of speeding tickets, this is the extent of the problem. It’s a costly annoyance, but it’s not a crime.
However, there is a boundary. While speeding itself is a traffic violation, your actions behind the wheel—specifically the level of speed and the context in which it occurs—can elevate the situation from a simple ticket to a serious offense with the potential for jail time.
The line is not as clear as many people think. New Jersey does not have a specific law that says, "Driving at 100 mph is a crime." Instead, excessive speed is often the key piece of evidence used to charge you with a different, and far more serious, motor vehicle offense: Reckless Driving. This sort of offense is where the consequences move beyond fines and points and into the realm of a potential criminal record and incarceration.
The Critical Distinction: Traffic Offenses vs. Criminal Offenses in NJ
The first thing you must know is that New Jersey law is separated into different "titles."
- Title 39 (Motor Vehicles): This governs almost all traffic-related matters. Speeding (N.J.S.A. 39:4-98), improper passing, and running a red light are all Title 39 violations. The penalties include fines, points, community service, and potential license suspension. A conviction for a Title 39 offense is not a crime and does not create a criminal record.
- Title 2C (The New Jersey Code of Criminal Justice): This section is what most people think of as "criminal law." It includes disorderly persons offenses (misdemeanors) and indictable crimes (felonies). These offenses, like theft or assault, are handled in criminal court and result in a permanent criminal record, along with penalties like probation, large fines, and jail or prison.
A criminal offense for speeding in New Jersey does not technically exist. You cannot be charged with a felony for speeding. But your speeding can be the direct cause for you being charged with a serious offense under either Title 39 (like Reckless Driving) or, in the worst cases, Title 2C (like Assault by Auto).
Standard NJ Speeding Fines and Penalties
Before we discuss the more severe charges, let’s review the standard New Jersey speeding ticket consequences. When you are ticketed for violating the basic speeding law (N.J.S.A. 39:4-98), the penalties are based on how many miles per hour (mph) you were driving over the posted limit.
- 1-9 mph over: This is typically a fine and 2 motor vehicle points.
- 10-14 mph over: Fine and 2 points.
- 15-29 mph over: Fine and 4 points.
- 30 mph or more over: Fine and 5 points.
These fines are doubled if you are caught speeding in a 65 mph zone or a designated construction zone.
While 2 or 4 points may not seem like much, the true penalty comes later. Your insurance company will almost certainly raise your premiums for several years, costing you far more than the initial fine. If you accumulate 12 or more points on your license, the New Jersey Motor Vehicle Commission (NJMVC) will automatically suspend your driving privileges. These penalties for traffic violations in New Jersey are designed to be a significant financial and logistical burden.
The Tipping Point: From Speeding and Reckless Driving NJ To a Serious Charge
Here is where the real danger lies. A police officer has discretion. If your speed is so high that it poses a clear danger to others, the officer may decide not to write you a simple speeding ticket. Instead, they may charge you with Reckless Driving (N.J.S.A. 39:4-96).
The law defines this as driving a vehicle "heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property."
This is a subjective standard. "Willful or wanton disregard" is not defined by a specific speed.
- Driving 95 mph on the New Jersey Turnpike at 3:00 AM with no other cars around might just result in a 5-point speeding ticket.
- Driving 60 mph in a 25 mph residential zone while children are playing is almost certainly going to be charged as reckless driving.
Extreme speed alone can be used as evidence of a "willful and wanton disregard" for safety. A prosecutor will argue that no reasonable person could believe driving 40 or 50 mph over the limit is safe under any circumstances. This is how excessive speeding becomes the foundation for a much more significant dangerous driving offense in New Jersey.
What Are the Penalties For Reckless Driving in NJ?
This charge serves as a transition between a traffic ticket and a criminal-style penalty. While still a Title 39 traffic offense, the NJ reckless driving penalties are severe and include the possibility of jail.
- For a first offense:
- A fine between $50 and $200 (plus significant court costs).
- Up to 60 days in the county jail.
- 5 points on your license.
- Potential New Jersey driver's license suspension for up to 90 days, at the judge's discretion.
- For a second or subsequent offense:
- A fine between $100 and $500.
- Up to 3 months in the county jail.
- Mandatory driver's license suspension.
The possibility of 60 days in jail for a traffic offense is a shock to most drivers. This is why a reckless driving charge differs significantly from a standard speeding ticket. It creates a conviction on your driving record that signals to all future insurers and employers that you are a high-risk driver.
Is There Such a Thing as Criminal Speeding in New Jersey?
You will not discover a statute called "criminal speeding" in the New Jersey code. This is a term used in other states. In New Jersey, the equivalent concept is either a charge of reckless driving (as described above) or what is sometimes called aggravated speeding in New Jersey.
"Aggravated speeding" is an informal term. It typically refers to a situation where the speed is so high (usually 30-40+ mph over the limit) that the driver faces the most severe consequences available under the law. This includes:
- A 5-point speeding ticket under N.J.S.A. 39:4-98.
- A separate and simultaneous charge for Reckless Driving under N.J.S.A. 39:4-96.
- A request by the prosecutor for the judge to suspend your license, which they have the discretion to do.
These New Jersey speeding charges are often stacked, meaning you face the penalties for both violations from a single incident.
When Speeding Does Lead to Indictable (Felony) Crimes
One scenario in which speeding can directly result in a true indictable crime (felony) under Title 2C is when it leads to an accident that causes injury or death.
If you are driving recklessly—which, as we've established, can be proven by excessive speed alone—and you cause an accident, you can be charged with:
- Assault by Auto (N.J.S.A. 2C:12-1c): If your reckless driving causes "serious bodily injury" to another person, you can be charged with this fourth-degree crime. A conviction carries penalties of up to 18 months in state prison and a permanent felony record.
- Death by Auto (Vehicular Homicide) (N.J.S.A. 2C:11-5): If your reckless driving causes the death of another person, you can be charged with this second-degree crime. A conviction carries a presumptive sentence of 5 to 10 years in state prison.
This is the ultimate answer to the question. Speeding becomes a criminal offense when that speed is used as the evidence for reckless driving, and that reckless driving injures or kills someone. At this point, you are no longer in traffic court. You are in Superior Court, facing a county prosecutor and life-altering consequences. This is why you would need a New Jersey criminal defense attorney, not just a traffic lawyer.
Excessive Speeding Penalties in NJ and Discretionary License Suspension
One final point that many drivers fail to realize: even if you are not charged with reckless driving, a judge has the power to suspend your license for a simple speeding ticket.
Under N.J.S.A. 39:5-31, a judge has the discretion to suspend a driver's license for any willful violation of the motor vehicle code. While a judge is unlikely to do this for someone going 15 mph over the limit, it is a tool they often use for excessive speeding penalties in NJ.
If you appear in court for driving 35 mph or more over the limit, even if you have a clean record, the prosecutor or the judge may decide that your speed alone warrants a license suspension. This is particularly true if your ticket was issued by the New Jersey State Police, as their cases are often pursued vigorously.
How a NJ Car Accident Lawyer Can Support Your Injury Claim with Speeding Evidence
When a speeding driver causes a collision, two separate legal actions often arise. The state will prosecute the driver for violating the law, while you must pursue a civil claim for compensation to cover your medical expenses, lost income, and pain and suffering. These two legal avenues frequently overlap, and securing a fair resolution requires the expertise of a seasoned car accident attorney.
Proving that the other driver was not only speeding but also breaking the law makes your injury claim much stronger. Insurance companies often try to downplay the role of speed to minimize the settlement, arguing that you were partially at fault or that the impact was not severe enough to cause your injuries. If the at-fault driver is convicted of a dangerous driving offense in New Jersey, that conviction serves as powerful evidence of negligence in your civil case. Without legal counsel, you risk letting a dangerous driver minimize their financial responsibility for the harm they caused.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
Being injured by a driver who chose to speed is a traumatic experience that can leave you with mounting medical bills, lost income, and physical pain. While the state prosecutes the reckless driver for their traffic violations, you need a dedicated advocate to fight for your financial recovery. At Brandon J. Broderick, Attorney at Law, we understand how to use New Jersey’s motor vehicle laws to establish negligence and strengthen your personal injury claim.
We are committed to holding dangerous drivers accountable for the harm they cause. You should not have to pay the price for someone else's decision to break the law. Our compassionate team will handle the complex legal negotiations with insurance companies so you can focus entirely on your recovery. Contact us today for a free consultation—we are ready to listen to your story and help you get the justice you deserve. We are available day or night to assist you.