NJ Speeding Ticket help! | FerrariChat

NJ Speeding Ticket help!

Discussion in 'New York Tri-State' started by abster, Feb 20, 2006.

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  1. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    Got pulled over for 90 in 65 on 287 near Morristown when entering the highway trying to get in front of a couple of trucks. The cop was "pacing" me so no Radar or Laser.

    Not sure about the implications for my driver's license and more importantly my insurance. Ticket says I must appear in court.

    Wondering if I should go the lawyer route especially if it will help avoid the insurance points.

    Any advise greatly appreciated.

    Thanks!
     
  2. mark328

    mark328 Guest

    Jul 30, 2005
    664
    Mi
    Full Name:
    Mark
    Lawyer will be pricey and may not do any better then you could do on your own. If your record is good and you don't have any current points I would go in and see if they will make it a no point violation and charge you the fine. If you lose then you can always appeal it to the Judge and at this point you can get a lawyer.
     
  3. chrlsstyles

    chrlsstyles Formula 3

    Jun 29, 2004
    1,154
    I agree with most of what you said. Lawyer will be pricey, sometimes its worth it, others its not. It's really your decision on if you wanna part with the money for legal fees.

    I highly doubt, I can almost guarentee that there will be points. Noway will it go from a 4 point to 0 points.

    25 over the limit is a 4 point ticket in NJ. I've gotten one, but didn't have to appear in court. I wonder why yours did.

    I got a 47 in a 25, called up pleaded not guilty, went to court on my own, reduced to a 2 point ticket.
     
  4. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    Thankfully, my record has been clean for almost 8 years!

    It seems as though the NJ system is the same as in MA. You have a "date" with the court official-if found guilty there, then you can appeal and go to the real court. I'll probably go to court myself and see what I can "plead" down to.

    I am "okay" with paying the fine but I would really like to minimize the hike on my insurance premium!

    Thanks for all the info.
     
  5. F SPIDER

    F SPIDER F1 Rookie
    Owner

    Jan 30, 2002
    2,873
    NYC, A'dam, W'stock
    Full Name:
    rijk rietveld
    I had a 6 point speeding ticket upstate NY with mandatory court appearance. Barry Jacobson took very well care of it and got it reduced to a 2 point non-speeding ticket and a $135 fine. He was not cheap, but I did not have to go to court (120mi from NYC) and the non-speeding points will not show up on my insurance (no insurance increase).

    Well worth it IMO.
     
  6. ALUMINUMYELLOW328

    ALUMINUMYELLOW328 Formula Junior

    May 30, 2004
    381
    Bergen County, NJ
    Full Name:
    Rhett R Arcilla
    abster, make sure that you make the court date, get their early and look for the police office that pulled you over and see if he would agree to work with you to reduce the ticket to a no points infraction, let him know that your license has been clean and if he/she refuses see if you could at least get the points reduced by half.

    Now if the officer is not present plead not guilty and work with the prosecutor and see if they would work it to a no points and pay the fine.

    Good luck...
     
  7. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    All good points. Will keep them in mind.

    I was pulled over by a State Trooper. Will that make any difference?

    In MA, if the cop didn't show, then the case was usually dimissed and that was the end of it. Is it different in NJ?

     
  8. Greg G

    Greg G F1 Rookie

    I wholly concur with AlumYellow. I have never had a prob speaking for myself, and have negotiated such deals with the prosecutor myself (not that it happens often thankfully). Your fine may be steep, but the goal is to avoid the points as much as poss.
     
  9. Jeff E39

    Jeff E39 Formula Junior

    Aug 7, 2005
    336
    NJ
    Full Name:
    Jeff
    First off srry to hear about this; but I am aware that in NJ anything 40over the speed limit is an automatic court appearence, in your case I dont quite understand why he checked the box for you to appear.

    was it local police or state???
     
  10. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    State Trooper. He didn't even write down the fine amount.

     
  11. Jeff E39

    Jeff E39 Formula Junior

    Aug 7, 2005
    336
    NJ
    Full Name:
    Jeff
    Good ol' state troopers

    They dont write an amount, for speeding there should be something on there though, when I have gotten my obstruction of vison ticket for my detector, I had to call the municipality and give them the statute number, then they told me the fine. Plus since you have to appear, there in no amount, the judge sets it.
     
  12. robiferretti

    robiferretti F1 Rookie

    Oct 31, 2003
    3,299
    NYC area
    Full Name:
    rob ferretti
    Heh I cant even go 8 months :(
     
  13. ALUMINUMYELLOW328

    ALUMINUMYELLOW328 Formula Junior

    May 30, 2004
    381
    Bergen County, NJ
    Full Name:
    Rhett R Arcilla
    Its pretty much the same. make sure to seek out the state trooper if he/she is not present work with the prosecutor.
     
  14. 993 guy

    993 guy F1 Rookie

    May 21, 2004
    3,066
    Bergen County NJ
    Full Name:
    Eric D
    If the officer does not show than you can make a motion for dismissal. HOWEVER, they will NOT dismiss the summons until the second court date at which you will again have to make a motion for dismissal. Very doubtful that the officer doesn't show up on the second court date (it's kind of like playing the lottery...possible, but don't count on it).

    The advantage of an attorney is if you get a local individual who has a relationship with the prosecutor & judge. They can then "guarantee" that you will have a reduction to a certain charge based on past experience.

    If you go it on your own, good luck and be prepared to pay heavily at the court house. If you are lucky enough to have the summons reduced (I have no doubt you will) they will charge you a surcharge for doing so in addition to the cost of the original summons. Just be prepared...

    Bottom line is insurance and the cost that comes with years of increased premiums. Good Luck and let us know how it goes.
     
  15. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    I just checked my ticket. The court location is in my home town!!! Guess it is time to make a nice contribution to the town PBA!!!

    Thanks for the tips. I guess I will have to decide the lawyer vs personal approach next week. Maybe I should go and sit in on the traffic court next week to see what's going on!

     
  16. rob

    rob F1 Rookie

    May 22, 2002
    4,265
    Vt
     
  17. sunsetZ51

    sunsetZ51 Rookie

    Jan 30, 2006
    17
    Fort Lee, NJ
    Full Name:
    Paul
    I would personally just get a lawyer; I got a 86 in a 55 on rt.17 and I got all points dropped. It's just that I would feel much more secure having the lawyer do all the talking. Good luck.
     
  18. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    Considering the insurance rate increases, I think I am going to use the lawyer route.

    Anyone have a good recommendation for one in the Morristown, NJ area?

    Thanks!

     
  19. Boosted930

    Boosted930 Karting

    Apr 9, 2004
    116
    Morristown, NJ
    Full Name:
    Rob Gordon
    Although people often have the best intentions when posting on internet forums, the quality of their information is often lacking. Especially in instances such as this where laws, policies and procedures vary from state to state and per incident. Perhaps I can clarify and/or reaffirm some of what's been stated above (and maybe offer a bit of advice).
    In many instances, an officer has discretion as to whether or not he will require you to appear in court. State Troopers routinely patrol in multiple jurisdictions (municipalities) when working the highways. If the stop occurred within Morristown, then that court will be utilized. If a summons is issued down the road in say, Parsippany, then that court will be required. If the State Trooper does not appear in court, the local Prosecutor will simply act on the Trooper's behalf. A common belief is that if the officer does not show, the violation will be dismissed - false. Moreover, making a motion for dismissal may result in a trial, since at this stage you have met with the Prosecutor and he most likely has offered you a plea.
    You must contact the court for a violation which occured in a 65 MPH zone. Certain fines are doubled in those areas. Fines are not written by the officer on a summons. Fines are levied by the court and usually disclosed on the back thereof.
    If you are fairly articulate and have researched the lesser statute you wish to plea to (Hint: I'd ask for 39:4-97.2, no points...), you can give it a go. The Prosecutor has heard 'em all. I'm sure he'd find it refreshing to hear an admission of guilt. Call DMV and get a copy of your abstract and take it with you if you are going to reference your driving record. If the Prosecutor only offers a downgrade to a slower speed (ie. 2 points), you may be able to take a "safe driving course" to reduce this further. Additionally, some insurance companies will not surcharge for one 2 point violation (assuming a clean record). Call yours to verify.
    My recommendation would be to hire a LOCAL attorney. You want the guy with the office right next door to the court house. He knows the Prosecutor on a first name basis and will greatly improve your chances of getting the above plea or a similar one. You will most likely pay a higher fine and associated court costs.
    Lastly, should you get a wild hair and decide to contest the summons, unfortunately, the odds are overwhelmingly against you. Be prepared for buttoned-up discovery, calibrated speedometer records etc. This is what I know...Good luck.
     
  20. Ronbo

    Ronbo Formula Junior

    Aug 2, 2005
    413
    Morris County, NJ
    Full Name:
    Ron
    I got popped for a BS non-speeding violation (I was guilty, but it was still BS) and had to appear in Newark, of all places. My wife, who is an attorney, represented me and was treated very well by the prosecutor and the judge. (It was hilarious, actually. My wife is a real estate lawyer who has never appeared in court; the judge had to walk her through the procedures.)

    There is a mechanism in NJ for pleading most moving violations down to zero points, a healthy fine and a surcharge. You need to know what to ask for; if you don't, use a lawyer.

    Best of luck.
     
  21. tommy g

    tommy g Guest

    May 3, 2005
    175
    westfield nj
    Full Name:
    tom gillespie
    if you record is clean, go yourself and make sure to raise that point and try to explain you were in a passing lane and trying to get ahead of some slower moving trucks kicking debris up on your vehicle.

    usually just showing up will lower it but not avoid points.

    what insurance company is it b/t/w?
     
  22. Ronbo

    Ronbo Formula Junior

    Aug 2, 2005
    413
    Morris County, NJ
    Full Name:
    Ron
    Didn't see Rob's post (#19) while I was writing, but he is correct.

    If you insist on representing yourself, be prepared, presentable and precise. Rob's right about copping to the underlying facts. In fact, you will need to if you take the usual plea. There is no percentage in claiming that aliens took over your car and wanted to see how fast it could go. Unless, of course, it's true.

    One real upside of using a lawyer is that parties with counsel have their cases called first. Otherwise, be prepared to wait. Aside from the obvious benefit of being finished early, you will get the prosecutor and judge while they are fresh. By the end of a long court session they (like anyone) can get tired, cranky and mean. You really don't want that.

    Best
     
  23. bloke

    bloke Rookie

    Jan 10, 2004
    12
    Always goto court! Most of the time, they will let you settle for a non-moving violation. The cop actually told me as he wrote the ticket in NJ. My wife got pulled over in Westchester and samething. Cops dont have time for court dates so go and be really nice to the Assistant DA. He might cut you a break! Dont bother with getting a lawyer. Most of the time, it isnt worth it.
     
  24. tifosi

    tifosi F1 Veteran
    Lifetime Rossa

    Sep 5, 2001
    5,382
    texas
    Full Name:
    Tom D
    I assume it was south of morristown because morristown (slightly before) north to route 80 is 55 land on 287
     
  25. abster

    abster Formula Junior

    Nov 7, 2005
    400
    NJ
    I finally met with a traffic attorney in the area and the guy runs what to expect in court. At the end, he tells me to just pay the fine. He doubts either he or I can do any better in court!

    I was truly surprised to say the least. The other problem is he called the town prosecutor to see if we could make a deal of some sort. Thankfully the town prosecutor wasn't around.

    Now I am really perplexed by the the lawyer's reaction! Any thoughts?
     

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