Register now !    Login  
Main Menu
Who's Online
44 user(s) are online (32 user(s) are browsing Message Forum)

Members: 1
Guests: 43

JCGuys, more...




Browsing this Thread:   1 Anonymous Users






Re: Speeding Ticket
#14
Newbie
Newbie


Hide User information
Joined:
2006/11/21 17:01
Last Login :
2014/1/14 20:37
Group:
Registered Users
Posts: 9
Offline
Quote:

Scottacus wrote:
And because trials are usually last on the docket in municipal court, don't be surprised if you end up waiting around only to have your case rescheduled.


That's when you invoke your sixth amendment right, right to a speedy trial. Doesn't mean the judge will accept it, but it is your right.

Posted on: 2011/6/24 2:07
 Top 


Re: Speeding Ticket
#13
Home away from home
Home away from home


Hide User information
Joined:
2006/11/13 16:04
Last Login :
2015/6/20 2:38
Group:
Registered Users
Posts: 180
Offline
Quote:

roskoe99 wrote:
If the officer does not appear, then you should request a hearing and move the court for a dismissal. The officer's testimony is needed to make out a case, and you should never take a deal if the officer is a no show.


THis may be popular wisdom, but it doesn't work that way in NJ municipal courts. The officer almost never comes to court for your first appearance and that is when you are offered a plea bargain by the prosecutor. Only if you decide against the plea, and you are scheduled for trial, is the officer subpoenaed.

Fighting a ticket in court is a huge hassle in NJ. You will have to appear in court at least twice, as the first appearance is for pre-trial conference and only then, when you plead not guilty, will you get a court date for your trial. And because trials are usually last on the docket in municipal court, don't be surprised if you end up waiting around only to have your case rescheduled.

Posted on: 2011/6/23 21:08
 Top 


Re: Speeding Ticket
#12
Not too shy to talk
Not too shy to talk


Hide User information
Joined:
2009/12/9 14:46
Last Login :
2015/2/17 21:40
Group:
Registered Users
Posts: 25
Offline
If the officer does not appear, then you should request a hearing and move the court for a dismissal. The officer's testimony is needed to make out a case, and you should never take a deal if the officer is a no show.

Posted on: 2011/6/23 18:33
 Top 


Re: Speeding Ticket
#11
Quite a regular
Quite a regular


Hide User information
Joined:
2009/3/27 20:52
Last Login :
2015/10/20 17:57
Group:
Registered Users
Posts: 44
Offline
I remember living in Buffalo I got a ticket, and decided to heed the usual advice "go to court, the cop never shows up". Boy was that dumb. They had a system there. ALL of a given officer's appearances were scheduled one after another, all on the same day, so they basically HAD to be there. The next ticket I got, I just mailed it in (non-moving violation).

Posted on: 2011/6/8 1:51
 Top 


Re: Speeding Ticket
#10
Home away from home
Home away from home


Hide User information
Joined:
2004/11/6 21:13
Last Login :
4/5 17:57
From Hamilton Park
Group:
Registered Users
Posts: 5571
Offline
Quote:

jlee8 wrote:
You're best bet is the cop doesn't show up and the case is dismissed because of lack of prosecution.


Definitely DOES NOT go that way in Lyndhurst, I got a bullshit "careless driving" for a U turn on a deserted road after midnight, the cop was no show but they refused to dismiss, only offering me a no point fine. Rapacious bastards.

Posted on: 2011/6/7 21:37
 Top 


Re: Speeding Ticket
#9
Not too shy to talk
Not too shy to talk


Hide User information
Joined:
2009/5/13 12:51
Last Login :
2014/5/21 20:27
Group:
Registered Users
Posts: 34
Offline
I got a speeding ticket 40 in a 25. This is a 4 point ticket. I went to court to plead it down. The prosecutor gave me the option of reducing the 4 point speeding ticket (39:4?98) to driving in an unsafe manner (39:4?97.2) with no points for $389 so I took the deal. ($106 for the ticket, $33 for court fees and $250 for the surcharge) = $389.

Two months later my monthly payments go from $105/month to $140/month. I called up GIECO and ask why have my payments gone up? I was told you have a moving violation on your record. I replied, I paid to have those points dropped. I was told, it does not matter if I have points or not, its still a moving violation. So, I ask if I kept the 4 points how much would I be paying for insurance? I was told, THE SAME AMOUNT.

I paid $389 dollars to prevent my insurance from going up and it went up anyway.

My advice is to swallow the ticket since your insurance is going to increase anyway. I would spend your money on a defensive driving course (approved both by the DMV and your insurance company) that will drop 2 points of your license and get a discount towards your insurance.

Posted on: 2011/6/7 20:55
 Top 


Re: Speeding Ticket
#8
Newbie
Newbie


Hide User information
Joined:
2006/11/21 17:01
Last Login :
2014/1/14 20:37
Group:
Registered Users
Posts: 9
Offline
You're best bet is the cop doesn't show up and the case is dismissed because of lack of prosecution. This does come with a risk as you will have to plead not guilty and go to trial. The court will subpoena the cop. If he doesn't show, you win, no points, no fine. If he does show, you now have to defend yourself.

Posted on: 2011/6/5 2:47
 Top 


Re: Speeding Ticket
#7
Home away from home
Home away from home


Hide User information
Joined:
2008/5/6 6:21
Last Login :
10/7 2:53
Group:
Registered Users
Posts: 152
Offline
I recently went to the same court in Weehawken for a ticket and it is the same deal as Jersey City and probably every city in NJ:

The prosecutor will call you in and make an offer to plead guilty to an another violation that comes with no points but a significantly higher fine. I recall a 250.00 fine with 2 point for speeding will cost 700.00 with no points. But if you plead guilty or loose the trial you will get a 200.00 yearly bill for 3 years from NJ in the mail which is a state surcharge. In addition to that your insurance rate will increase. If you take the plea bargain I think your insurance rate can still go up because the insurance companies know that you took a plea for a moving violation. The prosecutor told me they have NO leeway or discretion in the plea, its always the same due to NJ state guidelines.

It does not matter if you have a lawyer, they will make the same offer. And 98.6% of all lawyers will take the plea and not go for a trial. NOT worth getting a lawyer if you are going to plead guilty.

If you have made a deal like this anywhere in NJ in the past year you will be ineligible to take this offer.

The Judge I encountered in Weehawken is nasty do dont piss him off and dont go for a trial without a lawyer unless you are completely prepared and can prove your innocence because in traffic court you are guilty until proven innocent. And that judge will ALWAYS take the word of the officer (who has no notes and no recollection of you or the incident) over yours.

I believe that speeding tickets are winnable in court if you are willing to put in the effort and learn how others have won. It is because the technology can be fooled, is not always accurate and is subject to user error. But that involves discovery which is a process of getting information on the radar gun, calibration, case law, records on officer training, certifications, etc. If you have a lawyer do it the costs will be ridiculous.

Port Authority, and NJ Transit police ARE writing tickets, they have not in the past but everything has changed and they probably need to make money for the cities they work in.

Posted on: 2011/6/4 3:29
 Top 


Re: Speeding Ticket
#6
Home away from home
Home away from home


Hide User information
Joined:
2010/2/2 15:43
Last Login :
2020/5/11 14:53
Group:
Registered Users
Posts: 427
Offline
I was able to get a reckless driving ticket downgraded to an obstructing the flow of traffic ticket. Traffic tickets are less priority than other offensives (robbery, assault, etc.) so if it's a small court that lumps all offenders together, you wait around a lot. I discussed with the prosecutor after my second time to court with no resolution that i can't keep taking the time to attend court and he downgraded my ticket.

Posted on: 2011/6/3 21:06
 Top 


Re: Speeding Ticket
#5
Home away from home
Home away from home


Hide User information
Joined:
2006/11/13 18:42
Last Login :
3/15 23:54
From 280 Grove Street
Group:
Registered Users
Posts: 4119
Offline
At least you are honest about speeding. That fact alone might reduce the 'punishment'.

Posted on: 2011/6/3 18:00
My humor is for the silent blue collar majority - If my posts offend, slander or you deem inappropriate and seek deletion, contact the webmaster for jurisdiction.
 Top 


Re: Speeding Ticket
#4
Just can't stay away
Just can't stay away


Hide User information
Joined:
2010/5/4 1:44
Last Login :
2013/7/11 13:18
Group:
Registered Users
Posts: 101
Offline
Assuming you don't have a long history of driving violations, you should be able to work it out to no points and only a fine. In the long run, it's much better to pay a fine than it is to have points on your license because your insurance will likely get jacked up.

Having a lawyer always helps.

Posted on: 2011/6/3 17:22
 Top 


Re: Speeding Ticket
#3
Home away from home
Home away from home


Hide User information
Joined:
2004/11/6 21:13
Last Login :
4/5 17:57
From Hamilton Park
Group:
Registered Users
Posts: 5571
Offline
Quote:

mrasg1 wrote:
Got a speeding ticket by a Cop holding a radar gun by the Port Authority Police.


Where? I've never seen the PA even attempt to ticket obvious infractions like illegal turns or gridlock on 12th. They just sit there on the corner chewing their cud. Now they're enforcing speeding!! What next, seat belts?

Posted on: 2011/6/3 16:52
 Top 


Re: Speeding Ticket
#2
Quite a regular
Quite a regular


Hide User information
Joined:
2005/1/8 16:09
Last Login :
2012/2/28 15:31
Group:
Registered Users
Posts: 45
Offline
You can usually get a deal that involves a larger fine and reduction of points. For example, a 4 point ticket would be reduced to 2 but the fine goes up by at least $200 dollars.
In the past, I actually used a lawyer and he was able to reduce it to zero points and a $500 fine.

Posted on: 2011/6/3 16:30
 Top 


Speeding Ticket
#1
Home away from home
Home away from home


Hide User information
Joined:
2008/4/20 15:31
Last Login :
6/9 22:52
Group:
Registered Users
Posts: 373
Offline
Got a speeding ticket by a Cop holding a radar gun by the Port Authority Police. Have to go to court in Weehawken. Open up my mailbox and tons of letters from Lawyers wanting to help me!

My question is this:

Can you cut a "deal" with Prosecutor when you go to court at all?
Or is it best just to pay ticket and get the points?

Posted on: 2011/6/3 16:04
 Top 








[Advanced Search]





Login
Username:

Password:

Remember me



Lost Password?

Register now!



LicenseInformation | AboutUs | PrivacyPolicy | Faq | Contact


JERSEY CITY LIST - News & Reviews - Jersey City, NJ - Copyright 2004 - 2017