Straightforward Advice About Fighting A Traffic Violation In New Jersey
Did you know that paying a traffic ticket is the same as pleading guilty? It’s true – and although your ticket may only indicate a fine, it’s possible that pleading guilty by paying that fine will lead to points against your driver’s license that you don’t know about… until it’s too late.
Traffic violations in New Jersey are monitored by the Motor Vehicle Commission (MVC). If you’re convicted of a moving violation, the MVC may penalize you by adding points to your driving record. Not only will you get points on your record for certain moving violations, but the number of points you have against you can lead to larger and more severe consequences down the road.
For example, if you get six or more points within three years on your current driving record, the MVC will assess you for a surcharge. If you get 12 or more points on your current driving record, your license will be suspended. Points on your driver’s license may also result in your insurance rates increasing.
If you get a traffic ticket, I recommend contacting my office for a free consultation. This way, we can talk about what your options look like moving forward. Talking to an experienced attorney beforehand can help you to avoid unnecessary and costly consequences you weren’t previously aware of.
Potential Defenses For Traffic Violation
A variety of plausible defenses exist for traffic violations, but it’s nearly impossible to formulate and present these defenses unless you have an experienced attorney in your corner. Many times, there are discrepancies or errors in how the traffic stop was conducted or the tickets were issued, which may result in them being dismissed. An attorney will understand how to obtain evidence from your case and evaluate the holes in the charges against you.
To do this, your lawyer may gather discovery such as motor vehicle recordings (MVR), body cam footage, computer-aided dispatch (CAD), and any notes or investigation reports generated by the officers. Additionally, you may be able to defend against a violation by requesting radar and tuning fork records to ensure that the device the officer used to clock your speed was calibrated correctly and up to date.
After all the evidence is available, you can start to discuss mitigating factors that could lessen the fines connected to a guilty plea. Some of these mitigating factors include:
- The length of time you have been a licensed driver
- The number of traffic violations you have received in the past
- How you conducted yourself during the traffic stop
- Your income
- And more…
The above are all factors that I point out to the judge in my request to obtain the least possible financial consequences for my clients.
When To Expect In Court After A Violation Is Issued
When it comes to the hearing, your attorney will handle every aspect of the process. Depending on the circumstances, (such as if you live out of state or are away at school), you can request the court to enter a plea by mail, which your lawyer will prepare and submit on your behalf once you give your signature.
Some courts in New Jersey still remain backed up due to the COVID-19 pandemic, so depending on your circumstances, you may be looking at anywhere from 30 days to sometimes 6 months before your “day in court”. But remember, just being charged with a traffic violation does not mean that you are guilty of anything. As such, the charge will remain outstanding until paid, pled guilty to in court, or dismissed – but it will not impact your ability to operate your vehicle.
Traffic Violations: More Than Just DWIs…
In addition to DWI/DUI charges, JSD Legal handles any type of traffic violation. Some of the most common serious traffic offenses that our firm handles include:
Driving With A Suspended License. If you are charged with driving with a suspended license, it can cost anywhere upwards of $500. If you’re found guilty, the penalty can be an extended license suspension or possibly even jail time.
Careless Driving. Driving in a manner that is dangerous but without malice or intent of harm can cost upwards of $250 and two points being assessed to your license.
Reckless Driving. Driving in a manner that includes making a threat or with the intent to do harm can cost upwards of $500, five points assessed to your license, and a license suspension for up to six months.
Speeding Tickets: Traveling from 1 to 14 miles over the speed limit can result in two points being imposed or assessed on your license. Traveling from 15 to 24 miles over the speed limit can result in four points being imposed or assessed on your license. Traveling 25 miles or more over the speed limit can result in five points being assessed to your license and also a potential license suspension as well.
Other Common Traffic Violations. Other common violations include: leaving the scene of an accident, failure to report an accident, lane change violations, running a red light, failure to stop at a traffic signal, failure to yield, improper U-turns, and tailgating. Each one of these traffic violations (New Jersey Statute 39) can result in negative consequences that not only can result in costly fines associated with the court but also points being assessed to your driver’s license.
The Benefits Of A Free Case Evaluation
Many times an officer will explain that the ticket they’re issuing you is a fine – but they often fail to mention the other impacts a ticket can have. As a result, you can easily go online and make a payment without knowing that there are points associated with the ticket that will impact your driving privileges and insurance rates in the future.
Unfortunately, a lot of individuals try to handle cases where they face serious traffic violations by themselves with little idea of what’s on the line or how to get the outcome they’re looking for. This ends in countless people who pay higher fines and face harsher penalties than they need to.
Starting with a free consultation allows you to get the insight you need to make sure your rights are protected. Because I have nearly a decade of experience and have handled these matters on a day-to-day basis for years, I’m ready to help you make sure that you get a fair outcome – whatever the traffic violation may be.
For more information on Types Of Serious Traffic Violation Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (908) 428-7006 today.