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Going to court for failure to possess drivers license??

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jrzchick

Junior Member
What is the name of your state (only U.S. law)? NJ

Husband didn't have DL with him--he has valid one and gave the cop the DL # (yes, he knows it by heart).

Got $180 ticket...
If he goes to court with his DL will they let the $180 fine go and just pay court costs?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

Husband didn't have DL with him--he has valid one and gave the cop the DL # (yes, he knows it by heart).

Got $180 ticket...
If he goes to court with his DL will they let the $180 fine go and just pay court costs?
Was the ticket for not having a driver's license or for not having the license on him? In my state the whole thing would be dismissed (court costs as well) and the officer would be admonished since a simple check of the database would show that he had a valid license. However if your state law allows for a citation for not having the license on him, then that could be different.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? NJ

Husband didn't have DL with him--he has valid one and gave the cop the DL # (yes, he knows it by heart).

Got $180 ticket...
If he goes to court with his DL will they let the $180 fine go and just pay court costs?
If the statute that he was violated with is this one:
N.J.S.A 39:3-29 License, registration certificate and insurance identification card; possession; exhibit upon request; violations; fine; defense.

Then, YES, Where OP lives, they DO require you to be in possession of the driver's license when driving.

However, the law provides this option if they just happened to "forget" their license and got caught without it:
If a person charged with a violation of this section can exhibit his driver's license, insurance identification card and registration certificate, which were valid on the day he was charged, to the judge of the municipal court before whom he is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs.
 

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