QUESTION
How do I fight this traffic ticket?
Asked on Sep 02nd, 2013 on Traffic Violations - New Jersey
More details to this question:
I was pulled over and ticketed for allegedly doing 55 in a 45. He did not pull me over until I began to move from a red light that had just turned green. The ticket states that the officer did not use radar or any device, only judgement. When pulled over I stated "Can I help you officer?" Having never been pulled over before I went with my standard tv show line. He took offense to this, and stated that he "ought to smack me across the mouth". I was then removed from my vehicle, patted down, and placed in the back of his vehicle. All throughout these happenings I was asked several times if I was inebriated on the grounds of my eyes being red, which I denied every time I was asked. This occurred at 12:31 AM after I had worked a double shift as a waiter, it's fair to say that my eyes would be red. The officer asked why I was jumpy and I replied that I was just scared. His response was that I "should be". Are his threatening me and stop without the use of radar grounds for dismissal?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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the basis for the 'stop' is 'reasonable suspicion' that a law was being broken. the officer will testify that he was of the opinion that you were doing 55 mph in 45 mph zone. he will have to support that testimony at trial. if he cannot, you win. you need to decide if you want to spend the money on legal fees. a trial is very expensive. you would be in a better position if you negotiated with the prosecutor for a lesser 'no point' offense. please let us know if we can help. ed dimon, esq.
Answered on Sep 03rd, 2013 at 6:22 PM