Racing on Highways in New Jersey

N.J.S.A. 39:4-52 · Moving Violations & Driving Offenses

What the law says

A person may not operate a motor vehicle on a public highway for a wager, in a race, or to make a speed record. The section sets different fines for a first offense and a subsequent offense.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-52 that the State relies on:

How the charge is graded

• First offense: fined not less than twenty-five nor more than one hundred dollars.
• Subsequent offense: fined not less than one hundred nor more than two hundred dollars.

Penalties in the statute

• For the first offense, a fine of not less than twenty-five nor more than one hundred dollars.
• For a subsequent offense, a fine of not less than one hundred nor more than two hundred dollars.

MVC points and surcharges

• Points: 5 points.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Racing on Highways charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Speeding →
• Leaving the Scene of an Accident →
• Failure to Report an Accident →
• Using a Handheld Cell Phone While Driving →
• Failure to Observe a Traffic Signal (Red Light) →

Sources

• N.J.S.A. 39:4-52 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.