New Jersey Traffic Violations Legal Questions

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.... Read Answer

NJSA 39:4-81, failure to observe traffic signs could add up to 2 points on your license, cause a $50 to $200 fine to be issued, and up to 15 days in jail.  If the stop light is not illuminated, it is to be treated as a stop sign or red light. Normally failure to observe traffic signals is for making in improper right turn NJSA 39:4-115 is also cited.  This is the statute governing  making turns while driving.  This would add up to an addition 3 points on your license, cause another $50 to $200 fine to be issued, and up to another 15 days in jail. A right at a red light is normally allowed after coming to a complete stop.  This is the official statement of the Department of Motor Vehicles in NJ, which can be found at http://www.state.nj.us/mvc/Vehicle/moving_to_nj/traffic01.htm/ As with all traffic offenses, it is presumed that the ticket is valid and the burden for proving a defense is on you and your attorney.  Typically this is not worth the cost of litigation, and a deal is often struck after negotiating a lower sentence.  It is advised you retain counsel for negotiating such a deal with the prosecutor because it presents a much stronger bargaining position and is more likely you will receive a better result.  If you wish to set up an appointment to visit us in person please call at 732-797-1600 or visit our website at www.cldds.com  and ask for Edward J. Dimon, Esq. or Adam M. Carman, Esq.  If you have any other legal questions or concerns, please remember that we have attorneys who focus on municipal, civil, criminal, family, elder, real estate, tax, and commercial law. Regards, Edward J. Dimon, Esq.  ... Read Answer

your driving license is for you to drive a vehicle. the registration is for the vehicle showing that the vehicle is 'registered' in NJ with DMV. if you are driving, you must have a valid license and the vehicle must have a valid registration. the NJ DMV records showing the valid license and valid registration must be brought to court if you want to be found 'not guilty'. ed dimon, esq.... Read Answer

my concern is that the case is remanded to superior court in order that you be charged with 'eluding' the police when you drove away on your motorcycle. this is a serious charge with state prison time. the traffic violations can be negotiated. please let me know if i can help. ed dimon, esq.... Read Answer

you will have to provide your attorney with written proof that you have 'fixed' the problems with NJ DMV. the attorney will provide the 'proof' of the NJ DMV 'remedies' together with your 'driving abstract' to the prosecutor and judge. your past driving record will play a role. clarity and specificity are crucial to your success. if you need guidance with these procedures, please let us know if we can be of assistance. ed dimon, esq. 732-797-1600... Read Answer

you have a very good chance of loosing your license for a lengthy period of time based upon the 120 MPH  violation.  do you have a clean driving record ? are you in school ? we need 'good things' about you to offset the 120 MPH. ed dimon, esq.                                                                                   you need to prepare a 'personal statement' setting forth all your positive attributes with supporting documents and 'accepting responsibility'. the previous speeding violation at 30 MPH will be an issue. what happened with regard to this ticket ? ed dimon, esq. 732-797-1600... Read Answer

this is a more difficult question to answer than appears. nj does not give points for nj seat belt violations. i do not practice law in ny so i do not know if ny gives points for ny seat belt violations.  i would check with a ny attorney. if ny does not give points, you have no concerns. if ny does give points, then nj could give you the points from ny.... Read Answer