Tailgating — “following too closely” — carries 5 points in New Jersey under N.J.S.A. 39:4-89. It’s a surprisingly high-point ticket, often written automatically after a rear-end accident.
Points for Tailgating (Following Too Closely) in NJ
| Violation | License Points |
|---|---|
| Following too closely (39:4-89) | 5 points |
Point values from the official New Jersey MVC point schedule. New Jersey adds points to your license when you’re convicted — and paying a ticket by mail counts as a guilty plea.
What N.J.S.A. 39:4-89 Actually Covers
N.J.S.A. 39:4-89 requires drivers not to follow "more closely than is reasonable and prudent." Many people are shocked that it's a 5-point ticket — the same as reckless driving. It's frequently issued after a rear-end collision, where the officer didn't see the crash and is relying on the position of the cars. That gap in firsthand observation is often where the defense lives.
Why the Points Matter
Points stack across tickets and follow you. In New Jersey, reaching 6 points on your record within three years triggers an annual state surcharge, and 12 points triggers a license suspension. Points can also raise your insurance for years. You can knock 3 points off after a year with no violations, and 2 more by completing an approved driver-improvement course — but the conviction itself stays on your history. That’s why keeping points off in the first place is almost always cheaper than paying the ticket and dealing with the fallout.
Can You Beat Tailgating (Following Too Closely)?
Because it's a 5-point charge, a tailgating ticket is well worth fighting rather than paying. The common goal is a downgrade to a lower-point or no-point violation, and the State's proof is often weaker than it looks — especially when the ticket flows from an accident the officer never witnessed. If you were rear-ended or in a collision, your traffic ticket and any injury claim should be looked at together.
Frequently Asked Questions
How many points is tailgating in NJ?
Following too closely under N.J.S.A. 39:4-89 is a 5-point offense in New Jersey — the same point value as reckless driving.
I got a tailgating ticket after an accident — can I fight it?
Often, yes. When the ticket is issued after a crash the officer didn't see, the proof can be contestable. The goal is usually to reduce the points. If you were injured, talk to us about the accident claim too.
Why is tailgating 5 points?
New Jersey treats following too closely as a serious safety violation, so it carries the same 5 points as reckless driving — which is exactly why paying it without a look is a costly default.
Related: use the free NJ traffic points calculator to total your points, or read more about fighting a New Jersey traffic ticket. This page is general information, not legal advice — every case turns on its own facts, and prior results don’t guarantee a similar outcome.