Traffic Violations Legal Questions

i need to know the exact statute for 'careless driving'. 'careless driving' is a moving violation with a two [2] point penalty on your driving record in nj. the prosecutor may have given you a different violation, namely 'unsafe operation of a vehicle' which has no points but a greater 'surcharge' [fine] for the state. the latter is better for your driving record, but the cost is greater. ed dimon, esq. 732-797-1600... Read More

I advise requesting a clerk's hearing (check off box requesting hearing on back of citation and mail it in) and explain to the clerk that it's not your car and you had no idea about the status of the reg or the plates.  May be a good idea to hire an attorney to represent you as merely operating the vehicle unregistered is still illegal even when you're not the owner.... Read More

The owner of private property (here the city) can install traffic control devices on their property if they please.  The real question is, Can you be issued a ticket for violation of the sign while not on a public way?  Ordinarily, you can be issued parking tickets by police officers for violations on private property, ie. fire lane, handicapped spaces in shopping plaza lots, but not moving violations such as stop sign violations for signs in the parking lot.  Basically, the school can do it but they may have a tough time enforcing it.... Read More

If those are the facts you should answer yes and explain what happened.  The police will perform a thorough background check and it's an automatic disqualifier if you're not completely truthful.  Better to offer your explaination surrounding the insurance violation than try and explain why you thought you didn't have to mention it.... Read More

I would recommend requesting a clerk's hearing.  You do so by checking off a box on the back of the citation and mailing it in.  You may hire a lawyer to represent you at the hearing or represent yourself.  If your driving record is clean I'd recommend pleading that the light must have just changed red, you're not a habitual offender, and you won't let it happen again.  Any mention of "it was yellow" or "the officer is lying" will more than likely not go in your favor. Ordinarily, it helps if you have counsel.... Read More

This answer does not create a lawyer/client relationship.  You are facing 4 charges and the loss of your freedom.  I would strongly advise that you hire a lawyer to protect your interests.  I am both a S.C. attorney and board certified internist.  A conviction on these 4 offenses could ruin your life, which is much more important than facing a little jail time.  Perhaps with a good lawyer you can avoid the charges and jail time as well.  This is far more serious than a traffic violation. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

If it is a private lot, the property owners can have your car towed without warning.  They don't have to just give you a ticket.  That happens all the time in downtown Charleston.  Usually there is a sign, a notice to people, that it is a private lot and unauthorized vehicles will be towed.  Look for that sign near the entrance to the lot and that might clear up your confusion.  ... Read More

Suspensions are usually not for unpaid fines. Usually they involve a failure to appear to the Court with a default judgment, or else it is the insurance suspension. Although it may say "yes" on your driver's abstract with an FP, all that does is prevents you from renewing your license.  Depending on the classification of exactly why you were suspended, Driving While License suspended is a Class A Misdemeanor punishable by a maximum fine of $2,500 plus 364 days in the County Jail.  A conviction would also typically carry with it the collateral consequence of an additional license suspension with the duration generally being the same duration as the original suspension. Whether you want to hire an attorney is always your decision, but you should understand that you likely have a misdemeanor pending charge against you, not a petty offense like a speeding ticket. Best of luck to you!    ... Read More

Its not only a horrible idea to not go to court, its a horrible idea to go to court without a lawyer.  Because of the nature of your charge and what you allege the officer did, it would be better to speak directly about your case, rather than post on the internet.  Call me at 404 642 6333 if you would like a consultation.    ... Read More

the officer can 'run' the plates to determine ownership and registration. if the NJ DMV records indicate a problem, the officer can issue a summons. the officer does not have to read you your 'miranda' rights until you are arrested and until the officer asks you questions which indicate guilt or innocence.  the further problem is that the officer will testify that he read you your miranda rights. i would focus upon correcting the NJ DMV issues. ed dimon, esq.... Read More

If you have an out of state warrant I would contact an attorney near the courthouse were the warrant is lodged. Most motor vehicle offenses can be resolved without your appearing, provided you have an attorney stand in for you.  If the matter remains outstanding, the Massachusetts Registry of Motor Vehicles is likely to suspend or not renew your driver's license until the out of state warrant is lifted.... Read More

The failure to registure a vehicle charge is a non-moving, no-point violation.  A first offense no valid operator's license ticket is a two point ticket.  In Missouri, if you get 8 points in 18 months, your privilege to drive is suspended for 30 days.  You should definitely get your driver license if you are eligible.  A lawyer may able to help you avoid two points on your license. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read More