In New Jersey, traffic and parking tickets are handled in municipal court and the ticket will explain how and when to answer or ask for a hearing. The court may enter a default judgment if a person does not answer, fails to appear, or admits the offense and then does not pay fines and costs. For many parking tickets the parking ticket itself and division records about vehicle ownership are prima facie evidence unless a denial of commission is raised and the court requires officer testimony.
Tickets and complaints must be served and processed under the Rules Governing the Courts; some offenses have specific filing windows and administrative consequences. If a notice of suspension, revocation, or postponement is mailed by the motor vehicle director, a person generally has a limited time to notify the director in writing of an intent to challenge that action and must include a detailed statement of the factual and legal basis for the challenge.
Current New Jersey law
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The deadline that matters
If you get a proposed DMV suspension notice, you generally must notify the director in writing within 15 days of mailing to challenge it (see N.J.S.A. 39:5-30.14).
What New Jersey law says
The law lets municipal court proceed based on the ticket and division records, and an issuing officer need not appear at a hearing unless the defendant denies commission and the court finds the officer's presence necessary, under N.J.S.A. 39:4-139.8. Courts must follow notice and failure-to-appear procedures set out in R. 7:6-3 and related provisions described in N.J.S.A. 39:4-139.6. Tickets and summonses must contain identifying information and may warn that failure to answer or appear can lead to default judgment, under N.J.S.A. 39:8-71. Some traffic complaints must be issued or filed within specified time periods, for example certain offenses within 30 days after the offense, with other time limits listed in N.J.S.A. 39:5-3. If the motor vehicle director mails a proposed suspension, revocation, or postponement, the recipient generally has 15 days from mailing to notify the director in writing of an intention to challenge and must state the factual and legal basis, under N.J.S.A. 39:5-30.14.
What to do
A common first step is to read the ticket carefully for the deadline and instructions on how to answer or request a hearing.
A common option is to send a written plea or contest letter and a hearing request to the municipal court, as the ticket or court rules describe.
A common next step is to appear at the scheduled municipal court hearing to contest the charge or present evidence.
A common option when served with a suspension notice is to notify the motor vehicle director in writing within the stated time and include a detailed statement challenging the suspension.
A common step after a default judgment is entered is to file a written application asking the court to vacate the default within the time and grounds the statute permits.
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Common questions
Does the issuing officer have to come to my hearing?
Not always. The officer is not required to appear unless the respondent denies having committed the parking offense and the court decides the officer's presence is required, under N.J.S.A. 39:4-139.8.
What happens if I do not appear or answer the ticket?
The court may enter a default judgment sustaining the charges, fix fines and penalties, and pursue collection measures; a default judgment can be vacated only on written application showing a sufficient defense and excusable neglect, under N.J.S.A. 39:4-139.8.
Can a ticket be served by mail or left on the vehicle?
Yes. A ticket may be affixed to the vehicle or mailed to the owner or lessee at the address on file, and these methods of service are effective subject to court rules, under N.J.S.A. 39:8-71.
Are there time limits to file traffic complaints?
Some offenses carry statutory time limits for issuing process or filing complaints, including certain violations where process may be issued within 30 days after the offense, as described in N.J.S.A. 39:5-3.
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This page provides legal information only, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
