Written by attorney Elliot S Stomel


Sometimes an individual has the misfortune of being issued two or more moving violation violations with exposure to incurring points in large quantities. For example, if you have been issued a ticket for speeding at a dangerously high speed (a 5-point ticket), it is not uncommon for a police officer to issue you an additional ticket for "reckless driving" (also a 5-point violation).

In Court, there is the possibility that the Prosecutor may be willing to discuss the issue of "merger" i.e. he may say "Okay, if you plead guilty to the speeding charge, we'll "merge" the other ticket into your speeding ticket. You then walk out of court feeling like the other charge has gone away and you have saved yourself 5 points. Unfortunately, this is not the case under the present state of the law in New Jersey. This is an issue which came to light with respect to how court personnel were entering disposed tickets into the Automated Traffic System (ATS). Presently, if one ticket is merged into another, you don't pay fines for the merged ticket but you may still get the points on your driving record. So, when dealing with the Prosecutor, be sure to confirm that your related tickets are "dismissed" - not "merged" to avoid incurring any unnecessary points.

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