New Jersey DWI Defense - New Jersey Drunk Driving DWI Defense Question and Comments Forum

"A persons driving and/or criminal record should come into play. If someone is convicted for a first time offense, and has not been involved in an accident, the penalty should be more lenient than it is now."

"To all of you complaining about the unfair fines imposed for not carrying the proper paperwork while driving a vehicle, try completing an accident report with multiple vehicles while nobody has the proper documentation. Even the most minor fender bender becomes the biggest headache. Who has insurance, who doesn't, who's lying, who's not. Then try to get in touch with an insurance company to get a valid policy number or expiration date. How difficult is it? I always have my paperwork with me!"

"There is no such thing as Justice. I propose that police take a polygraph when accusing people of any violation."

"my experience was not with the court but the police. when i was pulled over at 230 am i was tired and it was windy and cold. when they perofrmed the firle sobriety test i couldnt hold my leg for 30 onethousanth by that point i was so cold and nervous i almost didn't finish it then he asked me to stare at a pen i could barley see with all the lights on my face. "

"my licence was suspended for 7 month ,(and its the first violation!!!!(dwi),,,in any case,,,in the place i live there is no public transportation,,,,i cant go to work and its posible that i loose my job,,,(i work there for 20 yr)is there anything to do about it?permit to drive to work only?or anything?"

"Definitely not. Honestly from my opinion the prosecutors, judges, and public defendors are all biased. I really believe the only way to fix it in its current format woumaking the stateld be to have serious balances imposed. For instance, on cops issuing citations, Statute changes, excessive fines, possibly pick up some of the bill for private attorneys if the entire grounds of the citation is found to be unjust."

THE JUDGES SHOULD NOT BE HIRED BY THE ELECTED OFFICIALS IN THE TOWN THE JUDGES SHOULD BE MOVED TO DIFFERENT COURTS .

why are certain judges allowed to precide in many cities in the same county there is one judge thaT COMES TO MIND IN MONMOUTH COUNTY IF SPEEDY TRIAL IS 60 DAYS WHY ARE THEY HEARING CASES A YEAR LATER

"no. having representation/legal counsel makes a world of difference as opposed to representing yourself."

"This idea of $173 fines for not having documents is what makes New Jersey the laughing stock of the nation and further solidifies the ignorance of our legislators."

"Last September, I renewed the registration on my car. When I received the new registration, it included stickers for my license plate indicating the month of the renewal. It was raining that day, so I put the stickers in my glove compartment and figured that I would apply them when the weather cleared. Two weeks passed, and it had slipped my mind. Then, on October 2nd, I was on my way to work. I was on Van Schoinck Road in Holmdel, heading for the Parkway South. I noticed several police cars lining the middle of the road. The officers were slowing people down and it appeared that they were looking at the license plates of the passing motorists. As I approached, I remembered that I had forgotten to apply the stickers. I was told to pull into the middle of the road between the wide yellow lines. Others were being detained as well. I conveyed to the officer my mistake as outlined above, and showed him that the stickers were, indeed, in my glove compartment. He wrote the ticket anyway, stating “I know it seems petty, but…”. This morning, I called Holmdel Township to find out if this summons was forty-two or forty-five dollars. I was told that it was, indeed, a whopping one hundred and seventy-three dollar fine. I was outraged, but wrote the check. What else was I to do? Not pay this summons out of protest, and end up with a suspended license and a warrant for my arrest? The summons has been paid. Apparently, this legislation was passed and enacted in the month of September. The Holmdel Police let little grass grow under their feet before they went out and setup roadblocks to reap the handsome revenue potential that this presented. When I was an undergraduate student at Monmouth University, I studied some aspects of the law. Many times, we discussed the theory of crime and punishment. We delved into the areas of excessive punishment. It seems odd that offenses that pose more of a threat to the community, such as speeding or reckless driving, would carry penalties that are often lesser than that of this offense. What is the purpose, then, to fine someone so harshly for an offense that poses no threat to the safety and tranquility of the community? This fine would amount to an entire paycheck for someone earning the minimum wage. It is at once an outrage, an aberration, and a perfect example of the excessive abuse of authority and power that our legislators permit at the level of municipal violations. I have two young children. We are doing our best to make ends meet, and to put away a nest egg so that we may perhaps purchase a nicer home for our children. Instances such as this hardly aid in achieving that goal. This outrageous fine does not serve to increase public safety, and it must therefore, via the logical procedure of deduction, be construed to serve an ulterior motive. One must, then, conclude that this is yet another means by which townships may incur a handsome source of revenue when the average person makes a typical mistake. This does not inspire confidence in the integrity of our trusted leaders, nor does it assist in fostering a positive public image of municipal officers. And the chronology that I noted above adds to my ire. They passed this law, and then went out to take advantage of it. The next morning, I took the same route to work. The same officers were there. They saw that I had placed my stickers on my license plates. They smiled. Little did I know they were smiling about the one hundred and seventy-three dollars that they had just taken from me. I will be sending this letter to all of my elected representatives. I may even hire an attorney to bring forth some form of litigation against this excessive penalty. You assistance would be appreciated."

"I recently was ticketed for failure to produce insurance card and registration. The officer stated I just need to pay the fines on the back of the ticket. I paid the fines $44 for failure to produce insurance card and $44 for failure to produce registration card. The court clerk received my payment and contacted me stating that they are refusing my payment. That the govenor changed the fines to $150. I can make a court appearance or pay the fines.

This to me is unfair because I always thought that a ticket is a legal document stating the legal fines. Isn't it the townships responsibility to update it's documents before they issue them? do I have any rights here? Should I take my chances going to court to fight the fines?"

"I use to think the system was fair until now. Municipal systems need to account for their own mistakes"

"NO, the NJ Municipal Court System is NOT fair at all, as I have recently learned at my sons DWI hearing. The Judge knows and believes everything the Cop says and although our Defense Attorney was brilliant, in the end it did not mean a thing..GULITY as CHARGED!"

I believe the court system is not fair due to the fact if you pay a lawyer you get reduced fines and if you have no lawyer the Judge(s) ridicules you after all the attorney's leave the courts, and gives you have the maximum on fines for whatever you are charged with. It's an unfair game they play either you pay an attorney and the fines which come out to be more then if you plead guilty and pay fines but then get the points etc. on your record.

I believe the court system is not fair due to the fact if you can afford to pay a lawyer you get reduced fines, reduced or bargained tickets. If you can't afford an attorney the Judge(s) ridicules you after all the attorney's leave the courts, and gives you have the maximum on fines for whatever you are charged with. It's an unfair game they play, either you pay an attorney and the fines which come out to be more then if you plead guilty and pay fines but then get the points etc. on your record. They never believe the person is telling the truth either.

Never had one as a witness or as a person being charged with minor traffic violations.

The judges ridicule the people after the attorney's leave and they never believe someone is telling the truth I was summoned to court as witness to accident where my husband was "medivac'd", the judge said we should go back to the state we live in and gave the person a reduced no point ticket when the accident was her fault. If you are from another state they make you feel like you are from another country.

"I received speeding tickets 85 in 65 zone with radar. It was my first ever ticket and I dont know how much is fine can be as well as points. I will go to court and dont know what is the best to plea guilty or not."

If you plead guilty or are found guilty as charged(speeding 85 m.p.h. in a 65 m.p.h. zone, thus 20 m.p.h. over the limit), the fine is $200.00 plus court costs. In addition, the Judge can suspend your driving privileges for up to six months. You will be assessed four NJ MVC "points." You should enter a not guilty plea. Sometimes, a ticket can be reduced to a lower point violation even without the expense of a lawyer. However, when the alleged speed is this high, hiring a good New Jersey traffic ticket lawyer affords the best protection (because there is a possibility of license loss).

"I recieved a summons last week for inproper turn. Code was 39.4 115A. Before the ticket was given to me Officer told me he was given me a ticket but explained that this ticket did not reqiured points on licence/insurance. I argued cause i thought it was a moving violation, and he told me i should believe him. My question= does this ticket come with pionts and if it does should a fight it. And whats my agruement?"

The charged offense (39:4-115 for making an "improper turn") carries three NJ MVC points. NJ MVC points will generally translate into insurance "eligibility points", that increase rates. You should contact the court and plead not guilty or your lawyer should enter your not guilty plea. The Prosecutor is able to and often does, plea-bargain these types of tickets. That means that you might be able to get the offense amended to one that does not carry points.

"my girlfriend just got a speeding ticket in a construction zone i know the fines are doubled but are the points on your license doubled as well if she pleads guilty?"

No, the points are not doubled. Points for speeding violations committed in New Jersey are assessed as follows: 2-points for 1-14 mph over the maximum speed limit, 4 points for 15-29 mph over, and 5-points for 30 mph over. Since speeding violations can be plea-bargained (i.e., reduced to lesser speeds/violations), it is usually advisable to plead not guilty, go to court and try and get the ticket amended.

I was pulled over on dec. 22nd and had expired insurance at the time and was issued a ticket for failure to produce document (39:3-29). I did not have insurance at the time. The ticket does not have the box checked off that sais I have to appear in court. I just got insurance on the car as of january 6th. What can i do to try and not loose my licence?

The charge (39:3-29 - not possessing the card as opposed to 39:6b2, not having insurance) does not carry with it license revocation, only a fine. I would suggest that you simply pay the ticket.

My father was recently stopped in NJ(Aug.2006)with a bac of .09. He has 2 previous offenses from 1985. From what I understand, this would be considered his second offense because it has been over 10 years since his last offense. It is also my understanding that a first offense with a bac between .08 &.09 has lesser penalties (loss of liscence 3 months).Does it make a difference that on this second offense his bac was .09, or will the same penalties apply as if his bac was higher?
Thank you.

I was stopped today for speeding (56mph in a 35). I received three tickets: Driving while suspended, Unlicensed driver and, of course, speeding. This would be about my 5th offense driving while suspended. My last conviction for such was back in 1994. Does Driving while suspended have a 10-year stepdown clause? And, is the 10-days jail time mandatory? Does the judge have the option to not sentence me to the jail time? What am I looking at here (fine/jail time)?

Some Judges can/will impose a jail alternative. A jail alternative is by way of example, home-arrest or community-type-service through the county sheriff. This depends on generally, what alternatives are available in the county where the case is, or alternatives available in your county of residence (if your home county will accept you as a transfer). There may of course be other defenses or ways to try to avoid the jail and conviction - so my answer here is a general guide only.

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Question:

"I received a moving violation ticket for making an improper turn at a traffic signal. Could this ticket be dismissed because of the following:

- The restrictions code was left blank when my license says "1" by restrictions.
- The offense time was left blank.
- The location "code" box was left blank.
- The body type was listed as "wagon" when it is in fact a van.
- By the "describe location" field. The officer wrote down an intersection but ailed to write which direction I was going.
- The municipal code offense field was left blank.
- The ordinance code field was left blank."

Answer:

No, in NJ, these omissions are will not result in dismissing the traffic tickets.

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Question:

"I went into municipal court on 10/20/2005 (original charge was 5/2/2005). I was charged with drving while suspended and applying for a license while suspended. The circumstances of the citation itself were circumspect. I was actually transferring my NY State DL to NJ DL. I paid a surcharge late in 8/2004 and my license was suspended b/c i did not mail in the $100 restoration fee. I paid the surcharge in full, but forgot to mail in this additional fee so I was suspended again. I was in the DMV at the time and they came back to me stating that my NJ DL was suspended, the officer stationed in the DMV pulled me aside and cited me for Driving while suspended too.

I went to court 3 times (initial arraignment in June, Initial trial date in September was adjourned because the prosecutor did not have certified proof of mailing, last date was 10/20/2005). In september I filed for a public defender b/c the judge did not dismiss the charges, so I wanted to be prepared if I needed to go to trial. Anyhow in October when I went in on the last date the prosecutor still did not have the certified proof of mailing. I thought the charges would be immediately dismissed, but the judge said the prosecutor could still try the charge. My public defense attorney did nothing to stop this. At the beginning of the trial the prosecutor motioned that I be charged with the lessor included offense (driving while expired) because of the lack of evidense for the driving while suspended charge. The judge allowed him to continue (to my amazement), and my defense attorney did nothing. At this point I questioned the court what penalty this offense carried and!
he said $54 charge. I did not want to have to pay the public defender a court cost so at this point I said I would plead to this charge, my counsel also advised me to do as such. Before I actually plead to the charge I was admonished by the judge because I inquired why I was not informed by the prosecutor as to the lessor charges. I would have told the public defendor to go home earlier and would have brought in my witnesses if I knew I was going to trial on a $54 ticket. However, I accepted this verdict as it was only $54 with no D.L. suspension.

Since that date I have received two notices from the DMV. The first one was a proposed suspension starting on 12/16/2005. I had to make a trip to Trenton (about an hour drive) in order to provide evidence I was charged with 39:3-40 in the above notice. The MVC proposed the suspension of 180 days because they said it provided proof that I operated a MV during a time when my license was suspended. However, this was dropped when I provided evidence in person at the regional facility in Trenton. After this ordeal was over I was flabergasted to receive a surcharge notice of $100 (first payment, payment for 3 years). It seems I have no way to fight this as the MVC sais that I need to provide factual evidence to get a hearing (they denied my request for a hearing on this matter). In the denial of hearing it seems I would have to file an appeal with the appellate division of the Superior Court of NJ to proceede there. My other option would be to request my guilty plea be vac!
ated / withdrawn at the Municipal court?

Any advice you could provide on this matter would be much appreciated. In some regards I would be willing to hire a lawyer as per the ethical and moral violations that have occurred in this case. Thanks for your help."

Answer:

I understand your frustration. However, due to the State's lack of readiness, you were given a very favorable plea bargain - pleading guilty to unlicensed driver (N.J.S. 39:3-10) as opposed to revoked/suspended driver (N.J.S. 39:3-40). You have a right to seek to vacate your plea, but why would you want to do that? If you do and win, the State would be given more time to gather the evidence necessary to convict you of the more serious charge. My advice is not to disturb the plea, and make sure you pay the yearly surcharge ($100.00).

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Question:

"I was charged with speeding 29 MPH over the speed limit.If I am offered to plead guilty to no points violation will my insurance rates go up and when and what circumstances is the "Mcgreevy Surcharge" imposed? Thank you."

Answer:

The "no point" violation you refer to is N.J.S. 39:4-97.2 (unsafe operation of a motor vehicle). It carries, in all cases, a mandatory $250.00 surcharge in addition to the fine ($50.00 to $150.00 for 1st offense, $100.00 to $250.00 for 2nd offense, and $200.00 to $500.00 for 3rd offense) and court costs. There are no NJ MVC points (which usually translates to no insurance rate increases) provided that it is a 1st or 2nd offense. If it is a 3rd within five years of the prior offense, there are 4 points.

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Question:

"I plead guilty to a $54 dollar ticket for driving while expired. I only plead guilty to this because the prosecutor / judge / public defender told me that it was only a $54 fee. I recently got a surcharge notice for $100 a year for 3 years because of this offense. What can I do to remedy the situation, I would have never plead guilty if this was the case ."

Answer:

You have a right to ask the Court to vacate/withdraw your guilty plea.

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Question:

If a person is convicted 7 years ago for DWI and just got another DWI yesterday will that be considered a second offense in the state of New Jersey?

Answer:

Yes, this would be treated as a 2nd offense. There is a 10-year step down law in NJ whereby a 2nd DWI committed ten years after the 1st would be stepped down to a 1st.

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QUESTION:

I was in a minor accident yesterday where I rear ended someone and received a ticket for "undue caution" (i.e. careless driving). The officer told me that this offense carries two points, but (off the record) if I went to court, the judge would probably knock it down, since the damage was very minimal - which I plan to do if need be.

However, in looking over the summons, I noticed that the drivers license number is incorrect - it is off by one digit. Is this enough to invalidate the ticket and make this whole thing go away?

Thank you.

ANSWER:

This is a common question - whether these types of technical deficiencies can invalidate complaints. The answer here is no, the type of deficiency mentioned in the summons is not sufficient to invalidate it.

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QUESTION:

I just got a whopping $180 ticket for producing an insurance card that expired last month in Holmdel, NJ. I got a 3-29 Failure to exhibit documents. Is there a way out of this....I have insurance, just forgot to put the new card in the car. I didn't fail to produce, I just produced an expired document.

ANSWER:

Unfortunately, this commonly-issued ticket caries a hefty fine - a fine that I think is out of line with the offense. If you can show proof of a valid document on the day of trial, the Judge can dismiss the charge and impose court costs only. Note that the Judge does not have to dismiss the charge - it is in his/her discretion.

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QUESTION:

I want pay my nj traffic ticket (online).

ANSWER:

You can - here is the site URL.
http://www.judiciary.state.nj.us/atswep/njmcdirectmain

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QUESTION:

If I had a DWI 12 years ago and got another DWI today in NJ, would it be considered a second offense?

ANSWER:

Currently, in this scenario, the 2nd NJ DWI would be "stepped down" to a 1st offense. However, if you were to then get a 3rd DWI in New Jersey within ten years of the "stepped down" 2nd, the would be treated as a 3rd offense.

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QUESTION:

ok, i recently got pulled over. my license just expired like a week before and i also got driving without insurance. basically, the car was in the shop for 2 months or so. i recently just got the car back an used it a few times. when i got pulled over, i got a ticket for driving without insurance, expired license and bad inspection cause i never got around to getting everything done since i just got the car back like a week prior to this. i just want to know what is possibly going to happen to me. any info would be appreciated. also all of these offences are 1st offences. with a clean driving record.

ANSWER:

The unlicensed driver ticket (N.J.S. 39:3-10) in your case carries a penalty of up to $500.00 fine or jail up to $500.00 if you are convicted or plead guilty. The no insurance ticket (N.J.S. 39:6B-2) carries a mandatory one year loss of license, a period of community service and a fine of between $300.00 and $1,000.00 if you are convicted or plead guilty.

"Is there a difference between driving without insurance (396b2) and failure to produce an insurance card? My son was ticketed for speeding and had an expired temporary insurance card. The original had not been delivered on time and he eventually forgot to put it in the glove box. The car was insured and the ticket was for 396b2 which says nothing about the document."

Yes - a big difference. The no insurance ticket carries a 1 year loss of license upon a conviction. The failure to produce (393-29) is a fine only. The state should amend the no insurance ticket to a failure to produce offense.

"Aren't window tint laws that provide a specific exemption to SUVs and other consumer vehicles in window tint statutes unconstitutional on Equal Protection grounds? If not why not?"

The only exception is for a driver with a medical condition verified by the New Jersey Division Motor Vehicles (Now called Motor Vehicle Services).

"If the police officer does not show up on the scheduled municipal court date in NJ, can I request a dismissal of the case? I was issued a traffic ticket in October and had my first summons scheduled in November. However, the officer did not show up and the prosecutor requested a continuance in December. (a good two months from my alleged traffic violation.)"

ANSWER:

The defense can "request a dismissal" - however, on a first listing so close in time to the issuance date, most courts will not dismiss a ticket -- not that this is fair. If a defendant fails to appear in court, the usual outcome is that a bench warrant will issue for his arrest - an anomaly that is hard to reconcile with balanced scales of justice.

"A year ago I was issued citations for expired nj license and registration. I recently received a notice to pay a $100/year NJ insurance surcharge for "unlicensed driver". Is driving with an expired nj license the same as nj "unlicensed driver?"

Yes, they fall within the parameters of N.J.S. 39:3-10. Many people, including lawyers, do not realize that this nj traffic offense carries with it not only a surcharge, but increased insurance rates.

"I was pulled over on the GW Bridge in Aug 1999. I had recently moved back to NY and had just found a place in Palisades Park, NJ.(First Time I ever resided in NJ) The Insurance just expired on my out of state vehicle before transferring over. Okay, I could deal with a speeding ticket...no problem, even deal with the expired insurance penalty. But then I get arrested because I'm told that I was driving with a suspended license. Huh? So, 15 min. later, I bail myself out. The officer shows me a print out with an address I had in NJ that I supposedly lived at. They had a NY address which was correct but the NJ address wasn't because I had never lived in NJ until Aug. 1999. The next day I look at the tickets and the officer put the Fraudulent NJ Driver License ID number on the ticket instead of the Current Valid out of state license number I gave him that night. I call Trenton MVS Regional office and they advised I had 3 violations in NJ..so I went to Wayne, MVS. Speak to an investigator in License review. I give him passport, SS#, Current out of state license & birth certificate. The investigator began interrogating me and told me all my documents were invalid when, (by accident it was a blessing that I found out about the current fraud and brought it to their attention.)I was told that I was a liar. I was shown an approved NJ license application in my name with 4 moving violations in 3 different counties ! in NJ. from 1989, but an additional 3 in Oh, 1 in Pa & 1 in De. and I'm told that I have to go to all these counties and states to cleanup the matter. (All charges are either speeding or failure to appear)I went to court every time when called to for 2 years. The Public defender, Prosecutor and even the arresting officer admitted that he made a mistake and that it needed further looking into...and the investigation that was supposed to start never was done from MVS in Wayne, NJ. So, while I am guilty of probably speeding and expired insurance (which didn't help my situation) I sure am not guilty of the rest of the violations. Then come to find out MVS workers were fired for corruption. Now it's almost 2004, I stopped going to court because nothing was being done and it kept being adjourned. I was also told by a private atty that even if I went through all the motions, I would always be haggled because it never leaves the system. I have to ask if it's worth pursuing, or what should I do now. Is there a statute of limitation on "not appearing".

The "statute of limitations" is a law which limits the time nj traffic charges can be filed - not concluded. You need to be confronting each court one at a time which I know seems like a daunting and frustrating task. You have an attorney (the p.d.) - you should be consulting with him to address the matter(s). Failing to appear will certainly make the matter worse over time.

"Here's my situation: My car was parked in a city municipal lot where it was ticketed for a paring violation. When my license plate was run by the ticketing officer, the DMV reported that my registration had been suspended because the car was not insured. My car was then towed. I went to the DMV the next morning and produced a current registration card. The person I spoke with said that they never received a record of the policy from my current carrier, and they were acting on the notice of policy expiration from my former carrier when they issued the suspension. In any case, the DMV rescinded the registration suspension, I paid no fees, and I was given a letter stating that my insurance was in fact valid and my registration was in good standing.

My question is this: How to I approach the ticket I was given for driving a suspended registration? Is the letter from the DMV stating that my license was suspended in error adequate as a defense? What are the penalties for driving with a suspended registration?"

The notice from nj dmv should be sufficient to defeat the charge. The in-court penalties for a first offense of driving with a suspended registration (n.j.s. 39:3-40) are $500.00 fine and up to 6 months license loss. There is a yearly surcharge through nj dmv for three years of $250.00 and insurance rates increase - usually double for three years.

"hello i was issued a speeding ticket 65 miles in 45 mile <outer bridge crossing> 20 miles over. code is 39:4-98 .24 my court date 12\08\03. how many points is this? how much fine it will be? beside $193 for ticket itself. is this consider criminal? what should i do , do i need a lawyer, should i go for plea pargin. talk to prosecutor. will the prosecutor understand i`m under medication, water pills ,long day at work , trying to get home fast.i don`t have any points on my license., what should i do? thank you"

First, this is a traffic offense - not a crime. There would be four NJ DMV points assessed upon a case (4 point speeding ticket), the advice and protection of a lawyer is sensible to strike the best deal and guide you through the process. However, you might do well on your own - you have to weigh everything out and make your own call on whether to hire counsel.

The circumstances you describe are not defenses - but act to mitigate the sentence or in your case, to try and move the State to lowering the charge. You should be able to get the speed reduced down to a two-point ticket - maybe you can get it down to a no point violation.

Go to the court on Green Street and a court employee should be able to pull up your tickets and give you an exact figure. You can also write to the Court, but it is faster to go right to the court in person.

"My son was recently stopped by police in NJ for not wearing a seat belt. The pick-up truck that he was driving was not his but his friends. He was just a casual driver. The police said that they had probable cause to search the vehicle and found a pipe that was lodged at the side of the seat that they believed to have had less than 50 grams of a controlled dangerous substance. He was alone in the car. He is appearing in court and will plead guilty to the no seat belt fine but the pipe is not really his, he just borrowed the tuck for work. What do think will happen. They searched him and tore apart the truck, handcuffed him tested him and released him because he had passed all of his drug tests. We now have a hearing in 6 days. Thank you."

ANSWER:

Your son's appearance is what is known as an arraignment. At this time, all that happens is that charges are read to the defendant, his rights are explained (e.g., right to lawyer, to remain silent) and the matter is rescheduled. If he hires an attorney (which is recommended), that attorney will advise the Court of his representation. If he hires counsel before his arraignment, in most cases his appearance will be waived. Counsel is then request relevant documents and information on file regarding the charge(s) and then plot a proper defense course - which may include a motion seeking to exclude the evidence seized.

"I have recently been charged with driving with an expired registration, and driving without insurance. Prior to this incident, I have no DMV or insurance points for 5+ years (actually closer to 10), and no violations in that period other than parking tickets. The insurance lapsed when State Farm "downsized" me after 4 1/2 years of coverage. Prior to State Farm I was with AllState or a number of years as well. As I paid for insurance online, I never paid attention to correspondence from State Farm, and thus found out very near m non-renewal date. I am scrambling hard to get insurance before the court date, and although arduous, I do intend t have it when I show up.

Basically, I intend to plead with the prosecutor for a reduction. I will cite the difficulty in getting insurance despite a good record (which predated the offense), and I will also mention that my son's mother rather abruptly moved out of state with him during this period, which completely disrupted my life, and had me in Florida for a period of time. My car is required for my work, which in addition to supporting me, pays a 4 figure monthly child support check for my son. I realize the intangibles here, and that I may well walk out with a suspended license and 1000 in fines. My question is: are my chances clearly improved if I hire an attorney? I am articulate, and many moons ago was quite comfortable approaching the prosecutor myself in dealing with moving violations and the like. Have things changed? Is it still just a matter of luck, and rapport, or do you need an attorney?

Thanks for the site, and any advice you might offer. Signed. Guilty but hopeful"

Yes, you would be well-served with a competent municipal court defense lawyer. There are some cases in municipal court where an attorney is not necessary - your case is not one of them. The no insurance charge carries with it a one year license loss (if you are convicted) and will greatly increase your insurance rates once you are restored. If you were facing a serious illness, you would seek out a good doctor - why do you feel that your legal ills are any different?

"How many point is it for driving in New Jersey without insurance?"

ANSWER:

There are no "DMV" - "MVC" (now referred to as "New Jersey Motor Vehicle Commission") points for a driving with no insurance conviction. However, the MVC will impose a $250.00 surcharge for three years (in addition to the court-imposed fines and penalties). Further, most insurance companies will assess insurance "eligibility points" (which are different that motor vehicle points) which will increase your insurance rates. Most often, 9 insurance points will be charges, which will require coverage through the assigned risk insurance plans in New Jersey.

QUESTION:

"My son was driving my husband's car when he was given a summons for unregistered vehicle. We were in disbelief because my husband is very conscientious about sending the renewals back as soon as he receives them. I called DMV and was first told that the car was listed as a "renter", therefore no renewal would be sent. When I was transferred to a supervisor to correct the information she told me that there was a "T" on the record which meant "system error". The bottom line is that we never received a renewal for the car and didn't realize that the registration lapsed. I reregistered it that day. Question: What are the penalties? Are points associated with this? Do we have any defense since the DMV never sent the renewal? Would it be advisable under these circumstances to hire an attorney? Thank you so much. Your website is very informative. "

ANSWER:

First, a lawyer is not necessary for this - save your money. The penalties are only a fine - there are no DMV points, and I am not aware of any insurance company that will surcharge for this (you should check with your insurance agent, but I highly doubt that there would be any adverse consequences). However, you do appear to have a defense issue - although some courts may take the unreasonable position that it is ultimately your obligation to see that your registration is renewed. It would seem unjust on moral grounds if you were to simply pay the ticket - however, that may be the most sensible move.

QUESTION:

"I was just informed via email that if you are stopped for a violation and you don't have your paperwork (license, registration, insurance card) with you, the fines have increased significantly. Is this just an urban legend, or should I pass this one on? I was always under the impression that you had 24 hours to produce them. "

ANSWER:

Failing to possess documents cannot increase penalties. The failure to possess the documents may, however, result in a separate ticket (for simply not having the documents in your possession) which involves a small fine.

"on the 30/5/03 i was clocked doing 50mph in a 30mph area. I received a letter about court, possible points on my license and the fines, but as of yet, I have heard nothing more. I am going to university soon ( i am 18 yrs old), and am still waiting for the court case. could a case be dismissed if a certain amount of time lapses?"

ANSWER:

There is no set time period in NJ by which tickets must either be resolved or dismissed. However, every defendant has a constitutional speedy trial right. The Court must weigh and balance (1) prejudice to the defendant, (2) whether the defendant asserted the right, (3) the reasons for the delay(s), and (4) the length of time.

"I represented someone who received a ticket for excessive speeding and who lost her license for two weeks and was placed on probation by the judge for six months. Two months later she has now received a ticket for improper passing. Does the second ticket violate the probation and is it cause for automatic full suspension of license? "

ANSWER:

You need to obtain the transcript and court records to see exactly what the terms of the probation were. Further, the ticket itself cannot trigger a violation - as opposed to a conviction which may.

You need to pay a restoration fee and, if the court took your physical license, you must go to a regional DMV office to have your license reissued.

"Recently I got a speeding ticket for going 80 in a 50 MPH zone, which carries 5 DMV points. I already had 2 points from 4 years ago, and I was definitely speeding this time. In this case, would I be able to plea bargain for reduced points? Would hiring an attorney help? "

ANSWER:

Prosecutors can plea bargain speeding tickets - usually reducing the speed and consequently the "points." With an alleged speed this high over the limit, an attorney is usually a prudent move.

"I received the following three violations for an accident: Failure to report, leaving the scene, and careless driving. I was in a parking lot, driving an SUV. I backed into a parked car, I thought that I just tapped it, looked out my rear mirror saw nothing and left. I know it was bad judgment not to get out of my car and inspect for damage. Apparently I did damage, and the police called me. (I normally drive a sedan and honestly didn't realize the SUV had done such damage). I was issued three tickets. I am concerned about points on my license and insurance, not so much about the fines. What do you suggest? Should I plead not guilty? How do I try to plea bargain? Do I need a lawyer? I have been driving 21 years and have never even received a parking ticket before.

The careless driving is two dmv points, the leaving the scene is two dmv points, and the failure to report is no points. Some insurance carriers will surcharge 9 eligibility points for the leaving the scene violation however which will greatly increase your insurance rates. I would suggest that you enter not guilty pleas through counsel and that you remain exercise your right to remain silent. An experienced attorney should be able to assess the case and if appropriate, seek a plea bargain for you.

"how do you pay a speeding ticket in new jersey, westhampton township municipal court via internet?

ANSWER:

Go to the Township website and follow the links to Municipal Court and on line payment - http://www.westampton.com

"Hello, I have an interesting case. My vehicle, with expired insurance and registration, was parked in a gravel median outside of my apartment. The gravel area is owned by the township and has a sign stating "no parking as per township ordanance." Despite this sign, cars are regularly parked in this area which is located just off of the street. It is not lined for parking and it is not intended to be driven on. In any case, my vehicle was issued 4 tickets for being in this location (unregistered vehicle, uninsured vehicle, fictitious plates and failure to inspect). I was not present at the time the tickets were issued. I also have not driven this vehicle or intended to drive this vehicle since the insurance, registration and inspection had lapsed. Although the vehicle may have been parked in violation of the township ordanance (for which I was NOT given a ticket), I contend that the tickets issued are not valid given that the vehicle was not being operated (nor intended to be operated) and that the vehicle was not on a public road or highway at the time of issuance. I was wondering if you could comment on this situation. I have already plead "not guilty" and have a court date scheduled in 3 weeks. Should I get a lawyer (considering the penalties for these tickets include loss of lisence) or does my defense seem adequate? I really think this cop was just trying to meet his quota with these tickets and I dont think he has much ground to stand upon. Thanks for your help. I look forward to reading your response. "

I agree - the State has the burden to prove each element of a charged offense beyond a reasonable
doubt. This includes operation which they cannot prove with a parked car.

"Can a state patrol officer tell if a car is registered or not by looking at the license plate? Does a state patrol officer have the right to call in my car license plate to determine if it is registered or not if I have not committed any motor vehicle violation? Can the state patrol randomly check for unregistered vehicles? If my car is impounded for lack of registration is the state patrol officer required to drive me to a safe location or can they tell the tow truck operator to drop me off? Can two officers make a stop, the male office does all of the talking and the female office say nothing to the driver but only the female officer name appear on the issued ticket? My e-mail address is If I think I have been a victim of racial profiling what must I do? "

The use of mobile data terminals (MDTs) by Police to run license plates is generally constitutional. However, if the Police are using the MDTs to target minorities, the use becomes unconstitutional. This is the troubling aspect of the current law - the defense is placed to the burden of having to prove an unconstitutional motive, usually a difficult task. The Police are not required to advise the tow operator to drop you off. It does not matter that the Officer who spoke with you did not write the ticket.

"I was recently given a speeding ticket for driving 37 in a 20 MPH zone. This was in a park. Since I am being charged with violating 39:4-98 could I ask the prosecutor to prove that 20 was the legal limit? According to the statute to set a limit different than specifically outlined(25, 35, etc.) there must be an engineering and traffic investigation and the approval of the Commissioner of Transportation. If they don't prove 20 MPH was the legal limit, can I get the case dismissed? "

The State has the burden to prove each element of the charged offense beyond a reasonable doubt - including the speed limit. If they do not, the Court is obliged to enter a not guilty finding.

"My 17 year old son on his provisional license ( tickets for speeding - one 5mph over, and one 18 miles over - 4 points total)backed out of the driveway yesterday and into a parked car. He panicked, was scared and left the scene. He received 2 summons - one for leaving the scene and the 2nd for not reporting. Can I expect his license to be suspended when he goes to court? Should I get a lawyer? What kind of fines am I looking at? Help!!!"

ANSWER:

First, I do think that counsel is prudent. If your son had a medical condition, you would bring him to a good doctor - just the same, his legal issues here need legal intervention. If he is convicted for leaving the scene, he will loose his license for 6 months, and face a $200.00 to $400.00 fine - there is jail of up to 30 days in the law, however, this possible but usually not probable. The failure to report is a $30.00 to $100.00 fine only.

"My question is this: My Boyfriend was driving in Newark, NJ, when he hit the back of someone's car due to his brakes locking up. Because the other person didnt want to file charges, he was given a ticket for being an uninsured motorist, unlicensed, unregistered, not wearing a seat belt. This all happened 2 years ago when he was 18. He didnt think anymore about it. He left the car in Newark's pound and has never paid the tickets. Recently he was picked up from work in Tinton Falls, for those tickets ( a warrant was issued) He paid the $300 cost of the tickets to Tinton Falls Police who told him they would give the money to Newark. Now my question is what will happen when he goes to court. Will he have to pay more money, if we us the bail money from Tinton Falls to pay the tickets in Newark."

ANSWER:

No, he should not have to pay more bail - the $300.00 was the bail which was on file in connection with the arrest warrant. This now places the matter back on the Court's calendar. If, however, he is convicted or pleads guilty, there will be substantial fines and assessments. I would suggest that not guilty pleas be entered. If your boyfriend is unable to afford a lawyer, he should apply for the public defender. If he can afford counsel, I would suggest that he hire a private lawyer to guide him through the matter.

"Can a person be given a DWI and reckless driving tickets if the key was not in the ignition."

Yes, the State can charge any offense they want. However, they carry the burden of proof on the charges. In this case, the State has the burden of proof beyond a reasonable doubt that the Defendant was, among other things, operating the vehicle. This requires proof of direct observation of operation, evidence that the Defendant operated the vehicle, or facts giving rise to an inference that the car was operated.

-----

"I am from Maryland. I received a speeding ticket for 53 in a 45 coming home from Atlantic City about 2 1/2 years ago. I was going to go to court to try to lessen the charge but I never received anything on it. Then I completely forgot about it. I recently received a letter in the mail about my case saying I had an arrest warrant. I assume this is a bench warrant strictly for driving in the state of New Jersey. Am I correct? It said pay the $180 some dollars and I would get a court date. I want to just pay a fee and not have to deal with court. Can I do this? If I can or if I do go to court what will be most likely be the penalty? Also, will this affect my Maryland Insurance rates??"

I am not sure about the effect on your MD insurance - you should consult with a Maryland Lawyer. If you want to resolve the matter without having to make an appearance, you should call the Court and see what the policy is regarding warrants. There are some courts that require a personal appearance to vacate an active warrant. The Court may allow you to plead guilty by either sending in the fine money, or by submitting a statement of guilt.

"My boyfriend and I were going to Keansburg Amusement Park in Hazlet NJ. We were at a traffic light and the Hazlet Township police were right next to us. When the light turned green, we proceeded through the traffic light for a few blocks until we were stopped by the police officers. They asked for his paper work, and while he was getting it together, he asked the officer, "Why am I being stopped"? The officer then tells him, "I'll tell you after you give me your paperwork". After he receives all the paperwork (And find out that it's all legal), he tells him that he stopped him because of his tinted windows and because he was speeding. Now, this is funny because why would we be speeding and we were just sitting right next to him at the light. That's pretty stupid! This whole incident didn't sit too well with me because I believe we were only pulled over because we were black. Once they stopped us, one officer came up on the driver side, and one came up on the passenger side. ! If that's not enough, then another cop car pulls up like we're some type of felons. I believe this was a little too much just for a traffic stop. And on top of all that, the officer didn't even give him a speeding ticket (that's because we weren't speeding in the first place). I think it's truly messed up that these officers can stop you solely on the basis that they think you may be doing something wrong, or they just want to make sure your credentials are correct all because of the color of your skin. Then once they stop you, they have to try and find or make up a reason to why you're being stopped. I know I can't prove the racial profiling incident, but I would like to know what is the NJ law for tinted windows? I keep getting all types of answers, but I want to hear the real answer. I was told by UPN 9 ON YOUR SIDE that it is not illegal to have your front windows tinted in NJ, it's only illegal in NY because the police officers are supplied with testers and can test your windows to make sure there's a certain amount of light that can pass. Thank you. "

Tinted windows are illegal unless approved for a medical reason. Moreover, tinted windows are sufficient legal basis for the police to stop a car.

"I was charged with violation 39:3-10B. In New Jersey. Is there any way in which I can Avoid the 6 month suspension and have an alternate punishment?"

This so called section B of 39:3-10 (there is no such section technically - this refer to one who has never been licensed in NJ or any other jurisdiction) provides for a 6 month hold on issuance of a license by NJ DMV. If the Defendant was previously licensed, there is no license revocation or hold. So, upon a conviction or plea to the so called section B, there is a mandatory 6 month hold on the issuance of a license - under the so called A section, there is no such mandatory revocation or hold. There may be ways to work around the 6 month hold with an alternative disposition, or a not guilty finding - however, without knowing all of the facts and circumstances, I cannot properly assess the matter for you.

"I appeared in Municipal Court to plead not guilty to a speeding offense 39:4-98 which carried two points and a $78 fine. I was plea bargained to accept 39:4-97.2 and paid $150 plus $30 court fees. Is this a non point violation? I know it is careless driving but I can't find record of 97.2 only 97.1 which carries two points. "

Yes, it (NJSA 39:4-97.2) is a non-dmv-point violation provided that you have not previously been convicted or plead guilty to the same offense two times.

"My license was initially suspended in Dec 2002 for 6 months. I then was caught driving on the revoked list in Feb 2003 and an additional suspension of a year was added. The loss of my license has severley impacted my ability to work and caused other hardships. Can I request a hearing with the DMV in Trenton even though it's well past the 20 day appeal window?"

NJ DMV will grant conferences to review suspensions that are their own. However, where there is a court-imposed suspension, DMV will defer to the Court(s). The answer to your question, is that you can request a hearing, but it will either be denied, or you will, unfortunately, be wasting your time.

"I received a summon in Jersey City last week by the Holland Tunnel, right at the exit to the Newport Mall. The description on the ticket reads Improper Turn, however, the code is written as 39:4-115a which represents turns at a controlled intersection, in addition, the officer marked wet pavement instead of dry. based on the fact that the code does not match the description (I believe should be 39:4-115)could it be possible to have this ticket dismissed?. Thanks for your reply."

No - provided that the correct statute is cited (here 39:4-115), the improper description of it does not, in this case, matter. The inquiry is whether the defendant is on proper notice regarding the offense charge. The improper checking of wet pavement would likewise, not invalidate the ticket.

"I live in New York, city and I have a ny state driver's license. Today, I was stopped in Teaneck, NJ for failure to stop for a school bus. I was on the opposite side of the stopped school bus but I had to move up (still on the opposite side of the school bus) to prevent a collision from a care entering my lane. Then whistle, whistle, i got pulled over for failing to stop for a school bus. Help!"

The charge of failing to stop for a school bus (NJS 39:4-128.1) is among the more serious motor vehicle violations in New Jersey. If you are convicted or plead guilty, the fine is $100.00, and the court must impose either jail (up to 15 days), or community service for 15 days, or both jail and community service. Sometimes, the charge can be downgraded by the State by way of a plea bargain. However, given the nature of the charge, I would suggest that you retain a motor vehicle defense lawyer to guide you through this.

"I received a ticket for driving with a suspended license. My license was suspended for unpaid parking tickets. Ironically, the tickets were already paid and I was going to the DMV the next morning for restoration. I went to court with a lawyer. We plea bargained. I forget what I pleade guilty to, but I was not convicted for driving while suspended, and was told it was not going to appear on my record. Months later, I have received a NOTICE OF INSURANCE SURCHARGE ASSESSMENT. In the description of event it has listed: open wh suspense. They want $250/yr for three years. Do I have to pay this, though I was not convicted for driving while suspended? Thank you. "

Yes, you must pay the surcharge. You pleaded guilty to driving while suspended which carries with it the yearly surcharge as well as insurance rate increases. This is so even though you pleaded guilty to that provision of the statute dealing with unpaid parking tickets.

"I was issued a ticket for being a passenger in a car and not wearing a seat belt. This car had automatic seatbelts and we were pulled over at night. I don't believe the state has a legimate case. I was curious, if convicted or pleading guilty, does this put points on your licence? "

"My company vehicle which I just purchased and registered in New Hampshire was impounded in the State of New Jersey. The state of NH does not require insurance for vehicles registered and garaged in that state yet the state police will not release my vehicle to me. I can prove that I was visiting as I was staying in a New Jersey hotel. "

The No Insurance Law (NJS 39:6B-2) does not apply to a car which is not registered or principally
garaged in the State - passing through as your vehicle was.

"I was cited driving an uninsured vehicle in NJ. I went to court spoke with the prosecutor and she told me that I should plea guilty to driving uninsured, cause if I plead not guilty she could easily prove my guilt in court. She said that if I pleaded guilty the Mandatory minimum was 1 year license suspension and a $500.00 fine. The judge suspended my license for 1 year, asked the prosecutor if $500.00 was the minimum (she said no it was $300), he also gave me 1 yr. Administrative probation. I have 3 questions. 1. Is administrative probation mandatory? 2. How is the amount of the fine determined from minimum to maximum? 3. Was I misslead by the prosecutor and do i have grounds for an appeal?"

ANSWER:

Upon a conviction for no insurance (NJS 39:6B-2), the Court must impose a one year license revocation. There is discretionary community service - the "administrative probation" appears to be an unauthorized penalty. The fine is $300.00 to $1,000.00 - the Judge exercises his discretion in imposing the fine - for example, if there is an accident or a bad driving record or driving pattern leading up to the stop, the Judge is within his discretion to impose a fine higher than the $300.00 minimum. You have an automatic right to appeal the sentence - you have twenty days to do so, but a direct appeal would attack the sentence only. The Court was obliged to advise you of this right. You may have a right to seek to vacate (i.e., throw out) your guilty plea - you would have to consult with counsel as these proceedings may require a more thorough review of the matter which may include a review of the Court transcript.

I was told that you can offer a plea bargain with the prosecutor for breaking N.J.S.A. 39:4-98, that can make the ticket go entirely away if you plead guilty to another offense. Could you tell me what other offenses you can use to negotiate the ticket away. Especially when you drive a limo for a living.

There is a NJ DMV non-point violation which is known as an "unsafe operation" violation - 39:4-97.2. It will still appear as a violation on a NJ DMV abstract, but will be no points. However, you should check to see whether this violation, while not a "point" violation, would effect your employment as sometimes, limo drivers and insurance carriers have different standards than other New Jersey drivers.

"What's the Law? A seventeen year old back seat passenger, do they have to wear a seat belt? Can they get a traffic ticket for failure to wear a seat belt? I've gotten conflicting answers from local police stations! If so, would they be told of that when stopped or can they be surprised a month later with a ticket sent in the mail? Now what if you don't exactly recall but normally you do wear the seat belt, should you respond not guilty and explain you don't recall but more than likely you were belted in? Thanks for any info. "

A seventeen year old passenger is required to wear a seat belt. The State has thirty days from the alleged offense to issue a summons and complaint. It is the State's burden of proof beyond a reasonable doubt. The Defendant has a constitutional right to remain silent - this is known as a right against self incrimination, commonly referred to sometimes as "taking the fifth."

"I was pulled over because I failed to have my front license plate installed, and when I was asked to produce my insurance I.D., I did not have the card with me. My car was definitely insured, but the card was not with me. The ticket claims that I was "driving with no insurance." At the time of trial, do I simply produce the insurance card? Since this is my first offense (other than parking tickets, all which have been paid), will I be fined the maximum? Thank you very much in advance."

ANSWER:

Yes, you should bring the insurance card with you on your trial date and show it to the Prosecutor. The State should amend the no insurance charge to the much less serious charge of failing to have the card in your possession (39:3-29). The fine and costs should be about $100.00. Make sure you contact the Court and let them know you are pleading not guilty in advance - sometimes failing to do so will require two court appearances.

My teenage daughter we live in PA was driving in NJ and got Unlicensed driver and failure to keep right tickets, she wanted to plead guilty to unlicensed driver and not guilty to the failur ticket we were told by the sign in officer to plead not guilty and then she would be rescheduled. We waited 3 hours before she was called by prosecutor who just had us fill out app for public defender and then went before judge who told us that can't give us Public Defender because we were from out of state and it would have to be rescheduled. No one the prosecutor or judge told us what she may face in fines or anything for when we go back. She didn't have license and drove as she was ejected out from back seat of car and severely injured from that and her friends had few drinks and she didn't trust their driving and was driving them home as she was taught how to rive in case of emergency what do you suggest we do? She wants to face her consequences but she doesn't know what the consequences would be if no one can tell her and really don't want to pay a lawyer hundred(s) of dollars when she will get fined I'm sure the max for being out of state.

Your daughter should have been told what the consequences are of the violations - the Court is required to do so. The denial of the public defender should not be based on residence - if this was the case, the denial was erroneous. The application should be based on the merits - i.e., whether your daughter is indigent. Given the possible penalties upon a conviction, your daughter is entitled to the public defender of qualified.

This is what the consequences are: If she was charged with being an Unlicensed Driver (NJSA 39:3-10), fine of up to $500.00 or up to 60 days in jail if she has previously held a license, and if she did not ever hold a License, $200.00 fine and an order restricting her ability to obtain a license for 180 days. The moving violation carries with it a fine (usually not exceeding $100.00), and possible license revocation although since she does not have a license, this issue may be negated.

I would suggest caution in this case given the accident resulting in injuries. An accident with injuries (even though they were to your daughter only) will usually prompt Judges to enhance penalties. If you are correct that the reason for the denial of the public defender was the residence, something certainly does not appear just. You can appear at the next scheduled court date and s/w the Prosecutor and try and get a resolution - however, the best advice I can give you is to try and fine an attorney in your price range. While my gut feeling is that the case will probably work out without severe damage to your daughter, I would recommend prudence (i.e., hiring a private attorney) given the facts.

I was pulled over in Dec 2001 for a traffic light violation (which was not true). The cop then proceeds to tell me if she was in range she would have gotten me for speeding (which I wasn't). My court date was Dec 26th, so I show up and no one was there. The sergeant told me there was no court b/c of Christmas. I received a warrant a few weeks later. I called and explained and they rescheduled my appointment. I show up and the police officer did not come, so the judge asked me if I wanted to plead guilty and I said no. He then said they would reschedule again. The court date was put on my sisters wedding day. I live 6 hours from the NJ court and could not make it, so I informed them. The women told me that they would post a warrant. I never received anything in the mail, and am contemplating taking work off and driving down to settle it, but am nervous to get arrested or something. I have already taken work off twice and driven all that way just to leave the issue unresolved because the court/police can't show up. Any suggestions on how to resolve this? Thanks.

ANSWER:

Your post underscores a frustrating reality of Municipal Court Practice - litigants are not given the courtesy which would ordinarily be afforded to the police. You can bet that if the case was scheduled on a date when the cop's sister had her wedding day, the case would have been adjourned rather than the cop being issued a warrant for his arrest! Since you do have a warrant for your arrest, the first order of business is to have the warrant vacated. This usually requires bail being posted either in person or by mail. The Court will then reschedule the case for another date. You need to call the Court to see what the process is to vacate the warrant. Ultimately, you might want to consider, if appropriate, trying to enter a plea by affidavit to a New Jersey no-point violation (NJSA 39:4-97.2) to avoid your appearance.

I was sent a letter stating that I owed $54.00 for a parking ticket over the summer. I never received a ticket on my car and on the morning of the ticket I made an attempt to pay the lot attendant; who apparently left early that day. Since no notice was on my car I thought nothing of it, until I received notice. I called to complain, but they just shrugged and did nothing; so I sent them a check. Then a few weeks later I received a letter stating that I owed them $104.00 and my previous check had been returned to me, they said I was late with my payment. I was not about to just send another check, the parking lot was only $7.00 and the guy left early that day. I argued and left messages, but only received a letter of license revocation (over 7 bucks). I had recently began commuting via public transportation and had no need for my license; not for work anyway. I then decided to sell the vehicle because I needed the money and not the car. So, I pulled everything off the! car: Insurance, Registration, the Inspection expired, and of course I had a suspended license. When I went to sell the car, the buyer asked about the inspection; I said I was in the process of getting it finished. With my luck, I was pulled over on the way to the garage o get it tuned and inspected. Well, you can bet he gave me 5 tickets: No registration (which is why he pulled me over), no insurance, non-licensed driver, driving while suspended, and not having proper documents. He then proceeded to tow my car and leave me on the side of the road with my stuff and never offered a ride (over 7 bucks). I have been doing some research and my first question is: THE STATUTE OF LIMITATIONS FOR DRIVING WHILE SUSPENDED IS 90 DAYS AND MY COURT CASE IS SCHEDULED FOR 135 DAYS AFTER THE INCIDENT....DO I HAVE A CASE HERE? THERE WAS INSURANCE ON THE VEHICLE WITHIN 14 HOURS, AND THE CAR WAS SOLD IN EVEN SHORTER TIME; CAN I USE THIS IN MY FAVOR? THE CAR IS A PIECE OF JUNK, IS THAT DISCRIMINATION BY THE OFFICER FOR RUNNING MY PLATES?

The Statute of Limitations applies to when the ticket must issue, not when the case must be scheduled. It is not unconstitutional or as you refer to "discrimination" for the police to randomly run a license plate. Insurance after the fact is not a defense in New Jersey. The State has the burden of proving your guilt beyond a reasonable doubt - there may be issues here which negate the State's charge which can be pinpointed by defense counsel. You seem to take the position that you need to somehow disprove the State's case - the State has the burden of proof. Those issues would be apparent only after a review of all of the facts and the State's reports and records.

Here's my situation. I have had several driving with a suspended/revoked licence convictions. I have done everything that I've needed to satisfy all of the individual Municipalities (paid all fines in full, served one 10-day jail sentence, and one 10-day SLAP.) The last case settled at the end of Jan. '02, with another $1,000+ in fines, and an additional 6-month suspension. At the end of July of last year, I contacted the DMV to find out when the 180th day was that they had listed on file so that I can reapply for my license. I was told by the DMV that there were "Administrative Suspensions", and my eligibility date was in Dec '03. My lawyer advised me to write for an "opportunity hearing" and he'd be able to get it overturned. I sent the letter certified, and got the return receipt (so I know they got it) and now 7 months later, i have still yet to hear from them (or my lawyer, for that matter.) Is there any recourse that I have, or do I have to wait this out for almost another year? Please tell me! Thank you in advance.

This is not an uncommon situation - you should have received notice from DMV prior to the
suspensions going into effect. Ideally, this would have been the time to contest the suspensions - they would
have been deferred pending the hearing. However, since the suspensions are in effect, the proper course is to
request an "opportunity conference" which apparently was done. New Jersey DMV is busy, but in my
experience, they are efficient and helpful - a seven month delay sounds inordinate. You or your attorney need
to contact NJ DMV to check the status of your request.

"I was asked to drive my friend's sister's car because she was unable at the time. I did not know that the car was unregistered and uninsured when I was pulled over. What is the penalty and what can I do to plea bargain? "

ANSWER:

NJSA 39:3-4, which prohibits operating an unregistered vehicle, does not, in my opinion, apply to a casual driver of another's car. This only entails a fine if you are found guilty or plead guilty.

The charge of no insurance (NJSA 39:6B-2) is the more serious charge, carrying with it among other things, a mandatory 1 year loss of license upon a conviction or plea. Because you were not the owner of the car, the State would have to prove that you knew or should have known the car was uninsured. The interpretation of this part of the law varies from the incorrect view that the Defendant has the burden to show proof of insurance (this improperly places the burden on the Defendant), to the correct view that unless the State can prove knowledge, they cannot sustain their burden.

It would seem that the State would be unable to carry their burden of proof. on either charge. However, the system is adversarial, interpretations vary, and the system sometimes operates in a strangely unfair way in municipal courts.

"Can you please help answer the following? In the case of a moving violation (39:4-97, to be specific), can you (or anyone) please answer the following:

1) Is it considered a criminal, quasi-criminal, or civil matter?

ANSWER:

Quasi-Criminal

2) Which of the following best describes the burden of proof required of the prosecution:
_ beyond a reasonable doubt
_ preponderance of the evidence
_ clear and convincing evidence
_ other (please elaborate if this is the case)"

ANSWER:

DMV will begin proposing suspensions with 12 to 15 points accumulated within a two year period. These are known as administrative suspensions. Note that DMV cannot issue suspensions without notice - a driver is entitled to a hearing to determine whether the proposed suspension is fair. Counsel, familiar with the hearing process, can argue against the proposed suspension, seeking to lessen the suspension period.

"I was pulled over in NJ 4years ago and I was driving with a suspended license what is the fine and penalty for this offense if found guilty?"

ANSWER:

First Offense = $500.00 fine and up to 6 months loss of license. If the suspension was occasioned by surcharges which are not paid at the time of the finding of guilt, $3000.00 enhanced fine. If you were suspended for a DWI or Refusal Conviction, 1 to 2 year license loss and 10 to 90 days in jail. If there was an accident with injuries, 45 days mandatory jail. If the suspension was the result of a conviction for no insurance, 1 to 2 year license loss and up to 90 days in jail.

"My Son was struck by a New York uninsured vehicle. I know that 39:6B-2 I cannot charge him with this violation. Wish one I can charge him with and explain to me why?"

ANSWER:

The Motor Vehicle Law which prohibits driving without liability insurance (NJS 39:6b-2) applies to cars registered or principally garaged in New Jersey.

First Offense = mandatory one year loss of license and fine of between $300.00 and $1,000.00. The State must prove each and every element of the charge (NJSA 39:6b2) - this includes operation of the car (that you operated the car or caused it to be operated). Your question was vague in this respect since you ask about the penalties for "lapsed insurance" only.

"What are some possible no-point violations that could be plea bargained for in speeding cases?"

The most common "no point violation" is N.J.S.A. 39:4-97.2 (commonly referred to as "unsafe operation"). Assuming you were not previously found guilty of this offense two times, there are no NJ DMV points assessed.

"I recently received a "failure to obey posted speed" ticket and "did not sign back of license" ticket on the NJ Turnpike; both charges are accurate. The costs are $181.00 plus 2 points. Is is reasonable for me to try to negotiate away the points by agreeing to go to a driving school (or some other means)or should I just accept the ticket as the chance of getting a reduction on the points is not likely."

ANSWER:

Yes, it would be "reasonable" to attempt to "negotiate away the points" - this is called a "plea bargain" which the Prosecutor is allowed to do in cases such as the one you describe. You should plead Not Guilty - frankly, this case probably would not warrant the expense of at attorney, but that ultimately is your decision. You should, at a minimum, consult with an attorney who concentrates in Motor Vehicle Defense as there may be more detail needed to better advise you - most attorneys will not charge you for an initial consultation.

"I have two ticket along the New Jersey turnpike,dating back 12 years now. Trying to get some type information how to pay them.

If you know what Towns the tickets were issued in, you can contact the Court Administrator(s). Otherwise, you would have to access your NJ DMV Driving Abstract which would show what exactly, is outstanding. The other alternative would be to telephone DMV or visit a regional center in person. Note that there are some tickets which cannot simply be paid - a court appearance may be required.

"Don't understand why NJ will except points from another state, when laws in other states are different to that of NJ. Violations in other states have nothing to do with your NJ license and therefore you should not be penalized in NJ for something that was not done in NJ. (ie. In NY city it is a violation to turn on red, but there are no signs indicating that violations. If you do turn on red though you will be fined. This is punishment enough. So why then should someone also receive points in NJ for a violation that isn't one in NJ. The person has already paid there debt for there infraction and to top it all off NJ wants to make some money out of that! NY will not allow infraction in NJ to come over to NY and give points to their citizens. Why is NJ so CURRUPT when in comes to violations that were not committed against the great state of NJ and the same is true when discussing NJ and insurance companies."

You make some good points - currently, the law in New Jersey is that any moving violation out of state is equal to a 2 point violation in New Jersey. This means that even a 4 or 5 point violation would amount to only 2 points assessed against your NJ license.

"Where can I find out how many points I have on my New Jersey insurance record?"

ANSWER:

New Jersey DMV points, which translate into insurance eligibility points, are contained in your driving record. The record is available for $10.00 - either by mail or by going to a NJ DMV Regional Service Center. To obtain a form, you should call (888) 486-3339 or (609) 292-6500. Note that there may be events which do not carry DMV points, but carry insurance eligibility points such as at fault accident and other motor vehicle violations. The DMV abstract is a good starting point, but your insurance professional would be better able to tell you precisely what your insurance point status is, usually after you fill out an application.

"When applying for car insurance, you are asked if there have been any motor vehicle violations in the past 36 months. Do they need to know only violations that carry points? "

ANSWER:

You are being asked whether there "have been any motor vehicle violations." You must, therefore, reveal every and all violations.

"I was involved in a at fault accident (more than $500 damage) and issued a careless driving citation. I know I will receive 5 insurance points for the at fault accident. If I plead guilty to the careless driving citation will I also receive 2 insurance points (7 total) even though it is the same incident? I know I will get 2 DMV points but I am only worried about the insurance points. Thanks.

ANSWER:

Careless Driving charge carries with it two DMV points which will translate into 2 insurance eligibility points if you plead guilty or are found guilty. I would suggest a not guilty plea -- it is possible to seek a downgrade to a no point violation.

"OK I am suspended for 6 months as a result of a dwi conviction..My 19year old son was not home in time to take my 14 year old to religious instructions or a tournament baseball game that already started. The team needed him and the coach always picks him up so as a mother I felt responsible to get him there.

MISTAKE - I was pulled over by an officer when he asked for my license, reg and insurance card I automatically told him I have no license it is suspended. I couldn't find where the insurance card or registration card were.........have both........my worry is Loss of license for 1 year - I am a Realtor - worried about loosing a job I tried so hard to acquire. A job that will afford me the opportunity to leave the man I am married to for 19years who is an alcoholic......I thought being a Realtor would afford me the opportunity to be independent rather than co dependent........I love my job and have many clients that I have made a difference in their life that is so rewarding no money can do that for a person.......

So can I loose my real estate license as well........Hopeless, and unfortunately still here to face the unpleasant music...... "

ANSWER:

Unfortunately, if you are convicted of operating during a period of suspension for DWI, the law provides for a 1 to 2 year license loss, and a 10 to 90 day jail sentence - despite your compelling circumstances, the Court's hands are tied as to sentencing (if you are convicted or you plead guilty) although there may be jail alternatives. I would suggest that you retain Counsel to protect your intesrests.

"my license was suspended for two years for a CDS in a MV. I was given 9 insurance points for the suspension, and 3 more for each year of the suspension, 15 ins. points total. this was in november of 1999. i,ve been told these points reduce in three years. is that three years from date of suspension or license renewal? how many points drop at a time? "

DMV issued points (as opposed to insurance eligibility points) are removed as follows: 3 points for each full year of no moving violations - that year must be a year when your license is in good standing, not suspended. As for insurance points, generally, insurance companies look back three years.

"12 years ago I received a driving on the suspension list ticket which never went to trial is it still valid and if so what do I do to take care of this I now live out of state. "

Assuming that the ticket was ISSUED within the applicable statute of limitations period (90 days), it is still a "valid" ticket. The Court has probably issued a bench warrant for your arrest with a required bail. You must first determine what the bail amount is - that can sometimes be mailed to the Court. Some Courts require you to personally post the bail at the Court or with a New Jersey Police Department. Once bail is posted and the warrant lifted, the case is placed back on the Court's trial calendar.

"i recently received a parking ticket in jersey but lost the ticket, i do not live in jersey and would like to find out how can i get the ticket number and where to pay for the ticket. "

You can try the NJ DMV - if the ticket was closed out in the Municipality, DMV should have the ticket information on file. If you know the Municipality where the ticket was issued, you should contact the Municipal Court Clerk.

"Can NJ insurance company raise my insurance 45% because of having my license suspended for a non moving violation (head light out) because of nonpayment (problem was we moved and lost the information. Ticket now paid as well as license restored. License clean except for this violation "

ANSWER:

"A conviction for driving with a revoked-suspended license (N.J.S. 39:3-40) is an event which allows insurance companies to surcharge drivers based on "eligibility points." Were you found guilty of the violation?

"I received a driving without insurance ticket. Is there any possible way my license will not be suspended. I am the mother of two small children, a full time student, and I also work part-time. Most of my time is spent in my vehicle. Is there any other punishment which could replace the loss of license?"

ANSWER:

If you plead guilty or are found guilty of the offense as charged (NJSA 39:6B-2), the license revocation is mandatory (one year for a first offense) - there are no statutory alternatives to the license revocation despite your compelling circumstances.

"Is it legal for NJ State cops to issue one a ticket for suspended registration based on the following circumstance: two state police arrived at my sister and brother-in-laws home, issued him a ticket for DRIVING ON A SUSPENDED REGISTRATION, claiming they had SEEN him drive around his home town, where at the time, they never pulled him over, and simply took down his license plate # down. Not only that, my sister and brother in law had no knowledge of this registration suspension (which the police said came up on their computers), and insist that there is no reason it should be suspended. While this is not the point, is it legal for the cop to have written him a ticket for "DRIVING" on a suspended registration, while the car was idly parked in their driveway when they arrived and wrote the ticket. wouldn't they have to write the ticket at the time of him actually driving the car on the road? otherwise, is it not hearsay, or something of the sort? i mean, for example, how could a cop come to your door a day after you had driven your car on the road, write you up a ticket for having supposedly! speeded then? "

ANSWER:

Motor vehicle tickets must be issued within a statutory time limit (usually 30 days from the event for most motor vehicle tickets), but not necessarily at the same time as the alleged violation.

"I understand that police officers are required to give "standardized" tests when you are stopped for suspected dwi. What if you are considered obese or have an injury that keeps you from performing a field test. What other tests can the officer request you do that will hold up in court? "

ANSWER:

First, the police in New Jersey are not required to give a DWI suspect "standardized field sobriety tests" (SFSTs). However, many police officers are trained in these tests - these tests being the only field tests which are validated to best assess one with a blood alcohol concentration of .08% or more.

Whether other tests "hold up" are up to the fact finder to decide.

"I was not able to get out of an easy pass lane when crossing the G W Bridge and just drove on through, once my plate number is read and sent to Trenton what is the penalty I will face."

ANSWER:

Fine = up to $200.00. see NJSA 27:12B-18(l). However, it looks like the State might send you notice of the violation (they send the notice to the owner of record) and allow you to pay the toll, along with a $25.00 fee. see NJSA 27:12B-18.4(a).

1. Can a vehicle registered out of NJ be charged with a violation of 39:6b-2, even if it is not principally garaged in this state?

Yes, the police can charge an offense of N.J.S.A. 39:6B-2 -- however, it would be the State's burden to prove the charge beyond a reasonable doubt. In State v. Arslanouk, 167 N.J. Super. 387 (App. Div. 1979), the Appellate Division held that the Statute on its face, did not apply to a transient vehicle which was neither registered or principally garaged in the State. There, the car was registered in California - the owner was visiting New Jersey. The issue may be fact sensitive and therefore, only counsel, with all of the facts, can properly assess the matter.

As to the towing of the vehicle, N.J.S.A. 39:10-6 authorizes the police to impound a car without a valid registration.

"I am a volunteer firefighter in my town, and I've heard numerous thoughts from fellow firefighters on what the laws are in NJ regarding (1)emergency lighting, (2)auxilary lighting (fog, search, off-road, etc), and (3)sirens on our personal vehicles. Can you please clarify the NJ laws regarding these items such as placement, color, restrictions, etc? I would like a personal response, but please do not publicize my email address Thanks. "

ANSWER:

N.J.S.A. 39:3-54.7 provides that an active member in good standing of a volunteer fire company may display "an emergency warning light or lights" on any motor vehicle driven by him. The emergency warning light(s) may be used "only while the vehicle is being used in answering a fire or emergency call." see N.J.S.A. 39:3-54.9.

The lights must be "temporarily attached, removable lights of the flashing or revolving type, not more than 7.5 inches in diameter, equipped with a blue lens and lamp of not more than 51 candlepower and shall be controlled by a switch installed inside the vehicle." see N.J.S.A. 39:3-54.10.

No more than two lights may be installed in one vehicle. Where one is used, it must be installed in the center of the roof of the car, or on the left windshield column, or on the front of the vehicle so that the top of the light is no higher than the headlights. Where two are used, they are to be placed on each side of the windshield, or on either side of the roof in the front of the vehicle. see N.J.S.A. 39:3-54.10

The active chief or first assistant chief only, may display a read emergency light or light, a siren or both. N.J.S.A. 39:54.15. I am unable to locate any authority which allows the use of special lighting (other than the emergency lighting) by volunteer firefighters.

I hope this answers your question(s). This was the first time this interesting issue was posed to me.

"I am a New York State resident who was recently cited as having sped 76mph in a 55mph zone in a northern New Jersey municipality. I am certain I was not going that fast, so I entered a plea of "not guilty" and appeared in municipal court.

The alleged offense incurs a penalty of 4 points and a fine of $193. My claim is that I am guilty of having sped only 74 in a 55, which is a 2 point violation and a fine of $98. **Both fines are stamped on the back of the summons.**

Since I am a New York resident, New Jersey points do not transfer; I was only interested in a fine reduction.

(After waiting in line for 2 hours), the prosecutor and I arrived at an amicable plea bargain agreement, and I returned to the court room to receive my sentence from the judge, only to discover that by having reached this plea agreement, **my driving history only now becomes relevant.** I had another speeding ticket only 1 month prior to this offense, and I provided this information truthfully upon a verbal inquisition by the judge prior to sentencing.

I have two questions:

1. Why is my driving history *not relevant* in the sentencing on the original alleged offense (i.e., the fines are stamped on the back of the summons) and then *becomes relevant* in the sentencing of my plea bargained offense? (The judge became indignant when I pointed out this inconsistency and responded/growled with only, "It makes sense to me, Son!")

2. While I am an honest man and would still not lie if the judge asked me the same question today, I am certain he did not have my driving history in front of him and was relying solely on my own testimony to determine my sentence. I have two problems with this: a. The judge essentially asked me to testify against myself which I do believe is a violation of the Fifth Amendment to the Constitution; should I have invoked this privilege rather than truthfully answer his question? b. The judge set a precedence that honesty is not always the best policy.

My sentence was a 2 point violation and a $201 fine plus a $30 court fee. I can't help but think I would have been better off to mail in the $193 and to spare myself from an evening of frustration. Although it isn't every day I get to incense a judge! ;)

Any Clarification you can provide that makes my $231 easier to justify in my own mind will be most appreciated. Thanks!"

ANSWER:

You raise some interesting and astute points. For clarification, 69 in a 55 mph zone would have been a two point violation (14 mph or less over the posted speed limit is two points). The fine steps up substantially when the speed exceeds 20 mph over which is what you were keying in on.

You are correct - had you paid the ticket by mail (if the Court would have allowed you to do so), the fine is fixed a your driving history becomes irrelevant. Since you were only concerned about the fine, in hindsight, it would have been prudent to simply pay the ticket by mail. Had you spoken with an attorney before hand (which is most often a free consultation) you may have gotten that advice and saved s few bucks plus some aggravation You do however, raise an interesting point.

"i recently got into a car accident. i was making a left hand turn onto a main street. i stopped at the stopped sign, proceeded with caution onto the main road as was struck by a car not paying attention and traveling too fast. she hit me right in my drivers side door. the police showed up a few minutes later. two days after the accident i received a ticket in the mail for failing to stop at the stop sign. there were no other witnesses, so how could the police officer issue me this ticket. i want to plead not guilty, can they prove me guilty beyond a reasonable doubt when the police officer did not even witness the offense and there were no other witnesses? thanks. "

If the Police did not witness the accident, there are no other witnesses to the accident, and you did not make any admissions, the State's case will probably fail.

"I just received my first speeding ticket ever. I was cited for going 65 in a 45 mph zone. How many points would I get on this ticket? I have never had points before. I was over the limit, no question about that."

ANSWER:

"I slid into my garage door on the ice (at Night) and the claim was $1243.00, now a year later I find out I received 5 points for this.(THEY ARE DROPPING US) How and who determines if it is an at fault accident and deems it to have been our fault (50% or more at fault)."

When an insured is involved in an accident and the insurance carrier deems it to be an "at fault" accident (defined as 50% or more at fault) and they pay out more than $500.00, they are allowed to impose 5 eligibility points (as opposed to DMV points).

You are guided to contact the New Jersey Insurance Commissioner (1-609-292-5360 or 341-2511) for more information.

"Will an underage drinking/driving conviction count towards a second offense if arrested for dwi?"

ANSWER:

This is an unsettled question under NJ Law. However, my opinion is that the conviction should not be counted as a prior for purposes of a conviction for DWI.

"IF you get 12 points on your license, due to: Evading an officer, careless driving, ect.... And this is your first offense, how long do you loose your license?"

ANSWER:

The New Jersey DMV will generally seek to revoke your privileges for a period of 30 days in such a case. The suspension must be preceded by a DMV "Notice of Proposed Suspension." The Notice advises that you have a right to a hearing before a DMV Officer.

It is advisable that a hearing be properly and timely requested. This defers the suspension until the NJ DMV hears the matter and determines whether good cause exists for reducing the period of suspension or eliminating it altogether. An experienced New Jersey Motor Vehicle practitioner will be able to properly file the hearing request, and advocate on your behalf to seek to limit the suspension period.

"I didn't pay an $18 parking ticket I got in Princeton. Before I get to the end of this I'd just like to mention that this ticket will eventually cost me about $6,250 in ADDITIONAL insurance premiums (approximately a 200% increase over what I would be paying) plus an additional $750 in surcharges. Anyway, several months after the receiving the ticket I was pulled over by a police officer for having a light out and he informed me I was driving with a suspended license. Because I hadn't updated my new address with DMV after I moved the letter informing me of this didn't come until after I got the ticket. In any case, I went to court and pled guilty because the prosecutor said it was my fault for not updating the DMV or paying the ticket even if the letter came after I received the ticket. He assured me there would be "no points" so I accepted the guilty plea. I had never heard of "Insurance points" which are apparently different from "DMV points" and was not informed of them until my insurance carrier dropped me.

It seems to me that people who do not pay parking tickets are quite unlikely to cost the automobile insurance industry 200% more in claims than the non-parking ticket population group. I personally thought there would have to be some correlation (possibly even proof (i.e., loss ratios)) to increase a certain populations groups cost by such a drastic amount (200% in my case). Anyway, I would just like to ask that if there was any way that you know of where I could save money in this process I would be quite thankful. As it is I will probably sell my car and am also considering moving to Pennsylvania. I think people who break the law through stupidity/laziness, etc., deserve to be punished but $7,000 in additional costs due to not paying an $18 parking ticket is, in my opinion, too severe. And I think it probably disproportionately targets lower income individuals. Thanks. "

ANSWER:

I agree that the penalties (which occur after the conviction) are too severe and have no relation to the harm sought to be redressed. I also agree that the costs associated with a conviction often bury people who can ill afford the enormous costs. I am not aware of any easy way to try and cut your costs other than shopping the insurance rates around.

You have the option of trying to vacate the guilty plea by a Motion to the Municipal Court. You should consult with Counsel for more information on that procedure.

A conviction for Driving With A Suspended License (NJSA 39:3-40) generally results in Insurance Eligibility Points. I have heard of insurance rates being tripled after a conviction. As you state, you also have to pay $250.00 a year to DMV as a surcharge for 3 years.

Many Defendants, including you, make the mistake of thinking that a Municipal Court case is simple and an Attorney is not necessary. Remember, it is the State's burden of proof beyond a reasonable doubt in any criminal or quasi-criminal charge. An experienced Municipal Court Practitioner can look for defects in the State's proofs, analyze legal precedent, and properly advocate on your behalf.

Believing that you can succeed in Municipal Court by simply exposing your story to the Prosecutor who
represents the State is usually a mistake.

"I was in a car accident and received a careless driving summons. In court the prosecutor brought it down to a no point guilty plea. After pleading guilty with no points I received a letter from my auto insurance that stated DMV has added 5 points to my license for at fault accident. My question is can dmv do this even though the court gave me a no point guilty plea? "

ANSWER:

Your Insurance Company charged you with "eligibility points." While the violation you pleaded guilty to was a no DMV point violation, insurance companies can charge five eligibility points (which translate into insurance rate increases) when there is an at fault accident (a policy holder being 50% or more at fault) and they pay out $500.00 or more in claim(s).

"I work in the US Post Office and was on my way to the doctor's office because I was experiencing side effect due to the medication given to the US Post Office for Anthrax. While looking for the doctor's address on my right, I did not see the school bus on my left stop with the stop sign extended. I immediately pull over to the right and stop. Unfortunately, I had passed the school bus. I was given two tickets. One for failure to stop for a school bus and the other for not finding my insurance card in time. I have been driving for (25) years. I have never even so much as received a parking ticket or been in an automobile accident. I recently went to court. While waiting for my case to be heard, the judge seem to be very lenient and fair with the other defendants. However, when I approached the bench, I was informed I could go to jail. I was informed that I had the right to a lawyer. But, I did not expect the judge to say I could go to jail. I was fined &178 and (15) hours of community service. Is this common for first time offenders? Prior to approaching the bench, I spoke to the prosecutor, and pleaded guilty with an explanation. The prosecutor informed me that I would be given the minimum. At no time was I ever informed that I should seek legal counsel.

In the area of the World Trade Center on September 11, 2001, and with the Anthrax scare, not one of them incidents were considered when I tried to explain my lack in judgment.

On the day of my hearing I think I was judged unfairly and the circumstances surrounding my lack of judgment was not even considered; especially compared to the other defendants. "

ANSWER:

For certain New Jersey motor vehicle violations, there are mandatory minimum sentences which the Court must impose upon a conviction or plea. In the case of failure to stop for a school bus (N. J. S. A. 39:4-128.1), the Court must impose a fine of not less than $100.00, and either 15 days community service or jail (or both community service and jail) for a first offense. There are also collateral consequences of five dmv points, insurance "eligibility" (or surcharge) points, and the conviction appearing on your permanent dmv driving history. Your personal circumstances surrounding the offense are compelling; however, the Court was bound by law to impose the sentence they did.
Pleading "guilty with an explanation" is really a procedural anomaly in New Jersey (i.e., such a procedure in not recognized by NJ Law -- it is a product of municipal court practice which some courts will not allow).

Before accepting a guilty plea in a case such as yours, the court must determine whether (1) the plea is voluntary with an understanding by you of the charge and consequences, (2) the plea is made with a "factual basis" (i.e. that the facts support the guilty plea), and (3) since this case involves a consequence of magnitude (jail time), whether you waived your right to a lawyer.

It is unclear whether all of the procedural safeguards were followed here without a complete review of the record in the court. You may have a right to vacate your guilty plea with a proper showing to the Court of a procedural irregularity, and/or that you did not understand your rights, and the consequences of your plea.

Counsel should always be at least consulted with prior to appearing in court alone. Most attorneys do not charge for an initial consultation. Given your circumstances, an attorney may have been able to seek a reduction of the charge to a lesser violation (e.g., careless driving which carries only two points), or look for defects in the state's case and prepare the matter for trial.

Many citizens leave municipal court feeling that they have been the victims of a system which seeks only to efficiently dispose of cases. There is pressure on courts to dispose of cases. Many courts, while pressured, will adhere to procedural safeguards to protect the integrity of the system and of the defendant. Some courts however, do not which is painful and shameful to see.

It is always painful to here that someone like you has been left feeling victimized by the system. Your circumstances are compelling and you had an unblemished record. Should you wish to seek redress (by trying to vacate the guilty plea), you should consult with counsel promptly. Good Luck.

"My wife had a single car accident on the NJ turnpike which she had to call 911 to get help. She had suffered head and face injures. She was given a FST and then sent off to the hospital. Three days later we received three tickets in the mail from the helpful state police. She was cited with careless driving, driving without a seat belt and no registration. I have two questions First how can the police issue these tickets when the infractions where not in there presence as stated in 39:5-25. Also could the state request a blood sample without my wife's permission or knowledge. Thank you. "

ANSWER:

The State can issue any tickets they wish -- however, they must prove guilt beyond a reasonable doubt. In State v. Wenzel, 113 N.J. Super., 215, 216-18 (App. Div. 1971), the Court held that the single fact of an "otherwise unexplained jackknifing" where a tractor-trailer jackknifed on the wet roadway, crossed into the opposite lane and broadsided another truck, did not establish a violation of the careless driving statute. See Also: State v. Lutz, 309 N.J. Super. 317 (App. Div. 1998) Found On Line @ http://lawlibrary.rutgers.edu/decisions/appellate/a5933-96.opn.html where there was an accident and a statement of the defendant that his vehicle began to slide on the wet highway and continued to slide as he applied his brakes. The Court held that this statement alone (again, there were no other witnesses), coupled with the defendant's apology were insufficient to prove careless driving.

The above line of cases would appear to apply to this case, but without reviewing all of the State's reports and records, I cannot advise you definitively.

The Police can withdraw blood from a defendant without consent or knowledge provided that there is probable cause to believe that the defendant is DWI. The fact of the accident is taken together with all of the other facts and circumstances to determine whether there was a reasonable suspicion that the defendant was DWI -- e.g., smell of alcoholic beverage from the suspect's breath, bloodshot and watery eyes, performance on sobriety tests, admissions, etc.

Call on New Jersey DWI lawyer, Greggory M. Marootian when you need experienced professionals to give you the facts, and restore your integrity.

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