Need Help With Your Traffic Ticket?

Get your FREE attorney consultation from Rosenblum Law.
888-883-5529
Call now for a free consultation
Home » New Jersey Legal Matters » New Jersey Traffic Ticket Lawyer » Civil Reservations and New Jersey Traffic Tickets

Civil Reservations and New Jersey Traffic Tickets

Trusted Content

Editorial Standards

Rosenblum Law is committed to delivering informative content of the highest quality. All content is subject to our rigorous editorial standards for relevance, accuracy, sourcing, and objectivity. Everything is fact-checked by an editor and reviewed for legal soundness by one of our practicing attorneys prior to being published.

Read our full editorial policy here

Written By 
Last updated 
June 1, 2022

Drivers who are involved in auto accidents in New Jersey can often find themselves charged with one or more traffic violations related to the crash. Charges such as careless driving, unsafe lane change, reckless driving, and following too closely are all common tickets one might get following an accident.

While it is almost always a bad idea to just accept a traffic ticket and pay it—effectively pleading guilty to the violation—it is particularly risky in the case of an accident. That’s because any guilty plea to a traffic violation can be used against a New Jersey driver as evidence of guilt in a civil lawsuit regarding the accident. This is true even when drivers plead guilty to a reduced offense through a plea bargain (in court settlement)!

For example, say Driver A passes a stop sign in an intersection and hits Driver B (the driver of the other car) who is injured. Driver A is ticketed for NJSA 39:4-144, failure to obey a stop sign. If Driver A pleads guilty to the ticket in municipal court and is later sued by Driver B in civil court for negligently running a stop sign, Driver B can introduce Driver A’s guilty plea as evidence that Driver A was negligent in running the stop sign.

Fortunately, New Jersey has a special rule called a civil reservation that will prevent the plea to the traffic violation from being used against a person in a civil lawsuit.

What is Civil Reservations?

The Civil Reservation rule, codified under NJ Court Rule 3:9-2, allows a driver to enter a plea of guilty and “reserve” civil liability. In other words, it prevents the civil court from using a guilty plea to accident-related traffic tickets against the driver in a lawsuit.

When Should I Request Civil Reservations with a Traffic Ticket Plea?

Drivers should ask for a civil reservation any time they enter a guilty plea to a traffic violation involving a car accident. Drivers can do this even if they are accepting a plea bargain.

Male lawyer or judge working with contract papers, Law books and wooden gavel on table in courtroom, Justice lawyers at law firm, Law and Legal services concept.

Why Does NJ Allow Individuals to Request Civil Reservations?

Civil reservations are intended to reduce unnecessary trials by providing a limited form of protection for those who plead guilty to things like accident-related traffic tickets and crimes involving victims claiming harm. Without the civil reservations, an individual who wants to plead guilty would be compelled to fight the charges to avoid civil liability.

  • How Do I Request a Civil Reservation?

    To request a civil reservation, a person need only ask the judge when they are entering their plea. Once requested, the judge will usually accept.

  • What Happens if I Don’t Request a Civil Reservation?

    Opting not to request a civil reservations when entering the plea means the defendant leaves himself/herself liable to a civil lawsuit in the future.

  • Can I Plead Not Guilty and Still Request a Civil Reservation Upon Conviction?

    No. A civil reservations can only be entered when pleading guilty. Rule 3:9-2 specifically states that “[f]or good cause shown the court may, in accepting a plea of guilty, order that such plea not be evidential in any civil proceeding.” If the defendant pleads not guilty and is later found guilty by the court, he/she has forfeited the right to a civil reservation.

  • Can My Request for a Civil Reservation Be Denied?

    Technically, yes. Rule 3:9-2 requires defendants to show “good cause” when requesting a civil reservation. In the case of traffic tickets involving auto accidents, it is rare for judges to deny the request.

  • Are Civil Reservations Only for Traffic Tickets?

    No. Those charged with crimes involving victims claiming harm can also request a civil reservation when entering a guilty plea. It should be noted that a civil reservations does not protect someone from court-ordered restitution; it simply makes the guilty plea inadmissible in civil cases related to the crime.

Do I Need an Attorney to Help Me Request Civil Reservations?

An attorney is not required; however, anyone who feels they may need to request Civil Reservations should consult with an attorney before entering a plea. If you or a loved one has been ticketed for a traffic violation in connection to an auto accident in New Jersey, contact the Rosenblum Law right away. Our team of skilled traffic ticket and criminal defense attorneys have helped many people in similar situations in both New York and New Jersey. Email Rosenblum Law or call 888-815-3649 today for a free consultation about your case.

Author Bio

Adam H. Rosenblum

Founding Attorney Of Rosenblum Law

Adam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.

Read Full Bio

Free Consultation

Call us now for a quick, free, and no obligation consultation.
888-883-5529

Featured Experts

Kent Ng

NYPD (Ret.)
Read More

Mike Gheller

NYPD Officer
Read More

Travis Hall

NY State Police
Read More

News & Updates

Learn more about traffic tickets and criminal matters in New York and New Jersey.
When I Let a Driver Off With a Warning and Why

Every driver who gets pulled over hopes to avoid getting a traffic ticket. As police officers, we understand there is...

Learn More
NY DWI Crackdown in Effect Through Labor Day Weekend

Drivers looking to kick back and enjoy some beers this Labor Day weekend should be careful before getting behind the...

Learn More
What NOT to Do When Pulled Over by Police

Nearly everyone is pulled over by police at some point in their life. The flashing red-and-blue lights are hardwired into...

Learn More

We've Fought Over 50,000 Traffic Ticket Cases

Call us now for a quick, free, and no-obligation consultation.
888-883-5529
crosschevron-down Call Now ButtonFree Consult Call Now linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram