2016 Motor Vehicle Results

2016 – Superior Court (Municipal Appeal): Client tried and lost his own case in Municipal Court. He was initially charged with a violation of  39:4-67 Obstructing Traffic. When he entered a plea of not guilty to this charge and told the Prosecutor he wanted a trial, the Police Officer then issued him two additional tickets:  39:4-97 Careless Driving and 39:4-98 Speeding. The Officer indicated she stopped him for speeding and the stop was based on a radar reading. The trial proceeded in the Municipal Court where the client attempted to question the Officer relating to the conditions the radar was operated during.  The Municipal Court permitted the State to put the radar reading into evidence despite the fact that it did not produce a copy of the Officer’s radar certification.. The Municipal Court found the Client guilty of 39:4-98 Speeding (64 in a 50 mph zone) and 39:4-67 Obstructing Traffic for driving in the left hand lane. The Summons for 39:4-97 was merged into the speeding charge.

Result: The Client properly filed his Notice of Appeal before retaining this office to represent him in the appeal. We submitted a brief noting the errors of Court below including that being in the left hand lane is not a violation of 39:4-67, that the state did not provide the proper proofs for the certification of the officer to use the radar and the certifications for the radar unit itself including the proper tuning fork certifications.   The Superior Court heard these arguments and based on the lack of evidence presented by the State below at the time of that trial, found the client Not Guilty on all charges.

2016 – Municipal Court:   Client was working for a pharmaceutical company, newly hired, when she pled guilty to NJSA 39:3-76.2(f) a seat belt violation. While this is a no point violation in New Jersey, under the pharmaceutical company insurance guidelines this is a significant violation. She was informed that unless she was able to overturn  this ticket, that she would lose her job. We filed a Motion to Vacate her Guilty Plea as she was not represented by an attorney and was unaware of the consequences of her plea.

Result: The Judge  granted our Motion to Vacate the Guilty Plea, and re-opened the ticket. Through investigation we were able to determine that an equipment violation does not carry any points in the pharmaceutical company’s insurance guidelines. We were able to work out a plea with the prosecutor to an equipment violation, NJSA 39:3-44, instead of the seatbelt violation and there were fines and fees totaling $239.00. The client was able to keep her job

2016 – Municipal Court: Client was stopped and issued a ticket for 39:3-40 Driving While Suspended. Client had an out of state license which had been expired at the time of the stop. As this was Client’s first offense, he was facing a six month loss of his driving and a $500.00 fine.

Result: Client was able to bring proof showing that while at the time his license was expired,  he had since applied for and received a new license. The charge of 39:3-40 was amended to 39:3-10(a) Expired License. There was a $539.00 fine and no loss of his driving privileges.

2016 – Motor Vehicle Commission: Client was facing a proposed suspension of his driving privileges for 180 days for operating a motor vehicle during a suspension period. This office submitted a letter on behalf of the Client requesting a hearing because he had never received notice of the suspension. We also explained that the suspension of his driving privileges would be a hardship due to his job requiring driving up and down the East Coast.

Result:  The attorney requested and received a hearing in front of  Motor Vehicle Commission Hearing Officer. We were able to get the suspension reduced down to 30 days.

2016 – Municipal Court: Client was charged with N.J.S.A. 19:9-1.2 Speeding on the Turnpike at a rate of speed of 94 in a 65 mph zone. This is a 5 point ticket and since the speed was in excess of 90 mph the Judge had the discretion to suspend the Client’s driver’s license for up to 90 days.

Result: The attorney was able to work out a plea with the prosecutor to an amended charge of 39:4-97.2 Unsafe Operation which is a No Point Ticket with no license suspension.  Fines and penalties were in the amount of $489.00.

2016 – Municipal Court: Client was driving on the Garden State Parkway in a van and was operating at a slow rate of speed in the right hand lane. Client was charged with 39:4-97 Careless Driving, a two point ticket.

Result:  The attorney was able to work out a plea amending the charge to a No Point Ticket of 39:4-67 Obstructing Traffic. There were fines and fees totaling $89.00.

2016 – Motor Vehicle Commission: Client was facing a proposed suspension of 180 days for driving during a suspension period.

Result: The attorney wrote a letter to DMV explaining that while he had been suspended, the MVC had received all restoration documents, including the restoration fee, approximately 6 months prior to the incident. It was an administrative error that kept his driving privileges suspended.  Based on the letter submitted the MVC did not even require a hearing. They stated that the Notice of Proposed Suspension was being rescinded and his driving privileges were in good standing.

2016 – Municipal Court: Client was charged with 39:3-29C Failure to Provide Valid Insurance Card. She was required to appear in court and provide proof of insurance or a charge of 39:6B-2 (Driving Without Insurance) would be issued.

Result: The attorney appeared in court with the client and explained that the client’s former boyfriend had been paying her auto insurance and she had not received any notice from the insurance company or Motor Vehicle Commission that the insurance had been cancelled for non-payment. As soon as she found out her insurance had lapsed, she got gotten a new policy . Based upon this explanation, the Court dismissed the summons.  

2016 – Municipal Court: Client was pulled over when an Officer saw him making a turn and using his cell phone at the same time. He was ticketed solely for 39:4-97.3 Using a Cell Phone while Driving. This was a third or subsequent offense so he was facing 3 motor vehicle points, a fine between $600.00 and $800.00, and a 90-day loss of his driving privileges.

Result: Attorney was able to work out a deal with the prosecutor for a guilty plea to 39:4-116 improper turn, a two point ticket. He was assessed fines and penalties in the amount $239.00. There was no loss of license.

2016 – Municipal Court: Client was involved in a motor vehicle accident where she was going around a curve and struck a utility pole. There was damage to both the vehicle and pole. She was charged with 39:4-97 Careless Driving, a two point ticket, and 39:4-56 Delaying Traffic.

Result: Due to being a one car accident, the attorney was able to work out a plea where the Client pled guilty to 39:4-56 Delaying Traffic and the Careless Driving ticket was dismissed. There were fines and fees totaling $89.00. There were no motor vehicle points.

2016 – Municipal Court: Client was pulled over and issued a summons for 39:3-40 Driving While Suspended and was facing a $500.00 find and a six months loss of license.

Result:   The attorney argued that the client was unaware that she had a failure to appear on various motor vehicle summons from many years earlier, she was unaware she was suspended, and she had immediately taken care of all the outstanding tickets when she found out and gotten restored.  The charge of 39:3-40 Driving While Suspended was amended to 39:3-29 Failure to Produce a Valid Driver’s License. She had failed to appear initially on this matter as well and received a fine from the Court for that as well. Her fines and fees were $474.00 including a $250.00 fine for failing to appear.

2016 – Municipal Court: Client was pulled over and charged with 39:4-97.3 a cell phone violation.

Result:  The attorney had the client obtain his cell phone records.  We were able to demonstrate that he was not talking on the phone at the time of the stop. The prosecutor agreed to amend the charge to 39:4-56 Delaying Traffic. Fines and penalties were $89.00.