fast1

It's been some time since I've been in traffic court, but unless things have changed, judges routinely offered PBJ to those with clean driving records. So you simply pay court costs and you are put on probation for a period of time that varies by jurisdiction. If you are not convicted of another traffic violation during your probation period, the violation is expunged from your record. Otherwise you will be hit with the two points.

aben8057

Different situation here...
I got popped going 95 on 295.
I pleaded not guilty and have a court date on the 18th.
I plan on asking for the court (clerk) for a public records request. This document is public information for the state trooper, his training, equipment calibration, etc...
If any of the items within that record have expired or are not updated then my summons can be dismissed.

http://www.cleandrivingrecord.com

GothingNC

My wife gota similar ticket last year in NC but it was from a Red Light camera which snapped a photo since she did not make a full stop before turning.
$50 and no points and a free photo

I heard about someone in NJ who got pulled for making a left turn at an intersection and in the backroound there was a no-left turn sign and the cop pulled him and 4 other drivers over.

No get this, he had a green left turn arrow that was lit.
He got a ticket for reckless driving and 4 points and went to court to fight it and the judge said that the sign take precedence over the traffic signal.

John

AndyK

Do what JB says! I did the same thing twice. Not guilty, go to court on the assigned date, there will be a prosecuter there. They ask at the start "who wants to talk to the prosecutor?". You get in line, and you will get the points taken away. They most likely WILL keep the fee though. Worth it.

PS-- most insurance companies don't care about 2 points, only 4 point offenses. Check with your insurance first!

wdonovan

Best off listening to JB. He's got it correct about the way it works in NJ. Get a cheap lawyer. You need him to do one simple thing. You need him to be a lawyer that talks to the other lawyer (prosecutor). It's a guarantee. Lawyers would rather deal with lawyers. Have your lawyer plea bargain down to "unsafe driving". It's the rage here in NJ. It's a nondescript ticket that carries no points but the fine is a few hundred bucks, much higher than the original ticket. The courts love it. They not in business to give out points. They're in business to MAKE MONEY. For that exact reason, don't try to ask the judge for a break or actually plead not guilty. It won't happen. The judge is the wrong man for the former and as far as the latter, he will not give up revenue for the town. NO ONE LEAVES traffic court without paying. Try the "unsafe driving". You'll love it too.

pl

1. call the court, plea not guilty, get the court date
2. go to the court on the court, talk to the prosecutor, he will make a deal to amend the charge to "unsafe operation", which has no points, but you need to pay more fine.
3. accept the offer, talk to the judge, and pay for it.

Note:
1. you don't need a lawyer. you don't need to negiate with prosecutor. he will offer you reduced charge on the spot, unless you had some problem with the cop when he/she wrote the ticket.
2. go to the court VERY early so you can beat everyone else, or VERY late so you don't have to wait.

good luck!

AndyK

+1

perfectlap

avoid points in NJ at all costs.
Before McGreevey left office he made all sorts of arrangement to bring Insurance companies back into the state after they left in droves. One of the changes was that the Insurance companies could really whack it to anyone with so much as a point.

case in point:
I failed to pay a parking ticket (issued on Sunday afternoon) in a timely manner (60 days) and this little town convinced the state DMV to suspend my license. I was notified by mail that I no longer had the right to drive on a barely legible dot matrix printout. I had the license reinstated (what a hassle) and paid the parking ticket. I asked the DMV if this would affect my insurance and they said it was up to my insurance company. I asked if they could remove this "suspension" from my record and they said no sir. When it came time to renew my six month insurance GEICO hit me with a $600 surcharge.
Despite the fact that I have not had a single accident or moving violation in over 12 years
The insurance company has the right to lump an unpaid parking ticket offender in with a drunk driver.
The insurance companies in NJ spare no mercy if there are any blemishes to your driving record.

pl

so true, exp. you have a porsche in your policy............

rmillnj

The above is normally the way it works. My daughter within the last year received the same type of ticket here in NJ. She did exactly what was outlined above. No need for a lawyer in most municipalities. Just line up with everyone else to talk to the prosecutor before the judge comes.

With a clean record they will most likely reduce it to a non-moving violation, so no points. The catch is the fine is normally much higher. My daughter paid $400 to avoid points. I had a similar situation myself two years ago and the same thing happened. My other daughter also had to pay almost $500 to avoid a speeding ticket with points. It is all about the money most of the time.

The only warning here is that NJ probably has about 800 different municipal courts and not all prosecutors and judges work the same. The majority do it the way described above, but there are some judges that play by a different set of rules. Try to talk to someone with specific experience about the court you will be in to know what to anticipate. If you can't find someone to talk to, maybe go in on your own before your court appearance to see how they work it.

DDun911

I don't do my own plumbing, electric or Legal work. And for the same reason results may vary. Some courts work the way outlined some don't , when I was there for mine they did not allow anyone to talk to prosecutor except council. Also if you consider your time to have value those w/ laywer went first those with out were makeing a day of it.

pl

i did hire a lawyer at one time, because i didn't have time to go to the court during the day. this is what happend:
1. i found out that i still need to show up in the court myself.
2. my lawyer was 4 hours late. so i had wait for him from 8:30AM to 1PM.
3. he finally showed up. court clerk already gone.
4. thank god he knows the judge, so he made the deal (the same moving violation deal i could get 4 hours ago myself) with the judge, he will come next week to finish the paperwork with court clerk, and i don't have to come again.

and this lawyer costed me $400.

AndyK

I do SOME of my own plumbing, electric and legal work! Depends on the job. This "job" is very simple, and doesn't need a lawyer if you have a clean driving record, and half a brain, IMHO, of course.

Nine9Sixer

if you want to avoid points, go in and make a deal with the prosecutor, usually that you have a clean record, etc., and he will typically accept your plea and reduce the charge to a no-point careless driving charge. he will want to do this typically to avoid having to try the case and putting the cop on the stand, etc, etc. then you and the prosecutor put that on the record before the court. warning, in NJ, you will be there for a while.

as for insurance, i always found that it didn't matter if you get points, any violation shows up (in renewal situations) and, regardless of the points, there's a escalating scale of violations relative to attributed risk and therefore higher premimum. that all being said, dunno if it's ever worth to waste a day in municipal court to reduce the number of points. also dunno if this varies by insurance company.

as always, you should always consult with any attorney to obtain accurate and sound advice that takes into consideration your particular circumstances.

smackboy1

1) Check "Not Guilty - Request hearing" and send the ticket back in.

Hiring an attorney, makes things go smoother and saves you from actually showing up on your hearing date. It can still be done without an attorney but prosecutors show a certain professional courtesy to counsel. If you do hire counsel, hire an attorney who handles many traffic cases in that court. Here's how to do it "pro se". The objective is not to get an acquittal, but to plea to a no points violation, pay a fine and get out of there.

2) Call clerk at the court and find out your hearing date and the name of the municipal prosecutor that day.

3) Arrive at the court plenty early and go speak to the prosecutor. Wear a jacket and tie. Without admitting anything or talking about the facts of the case, explain your clean prior history and ask if he/she would be willing to accept a plea to "Unsafe Operation of of Motor Vehicle" N.J.S.A. 39:4-97.2. It will cost between $300-450 but carry no points. The fine will likely be more than the original ticket, but no points.

4) If the plea is accepted, wait until your case is called before the judge. You will have to admit to unsafe operation of a motor vehicle and pay the fine and that will be that.

5) If the prosecutor won't accept it or is only willing to plea to a 1 point reduction, you can either accept the reduced plea or plea to the original offence, pay your fine and go home, or you can request a continuance to hire counsel. Unless you are an attorney and know what you are doing I would not recommend trying the case before the judge, it won't be pretty That whole "Slowing significantly" bit is going to result in a guilty verdict, don't say anything about your conduct.

In NJ it is wise to fight every ticket. The insurance rates are already crazy. Also 12 points will result in license revocation. You can use the "Unsafe" plea to escape points 2 times within a 5 year period. The 3rd time within 5 years will result in 4 points. Good luck and welcome to the Garden State, where insurance companies fear to tread.