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First Speeding Ticket In NJ

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micnite

Junior Member
What is the name of your state? New Jersey

Hello, I received my first speeding ticket the other day. I was cited as going 41 in a 25. I know I was going faster than 25, but I didn't think I was going as fast as he said. Either way, I was speeding.

Since I have a clean driving record and have been driving for over 10 years, is there a strong chance that I can get this dismissed or reduced on my own (I contacted a lawyer but his fee was $400)? I called and made a court date already and plan to go since I figure I have nothing to lose.

What should I do when I get to court? I plan on getting a certified copy of my driving records to show and also have some info on driving schools in case the clean history doesn't help. Since this is all new to me, any help would be appreciated.

Also, do I get to speak with the prosecutor before I see a judge? Thanks in advance...
 


LawGirl10

Member
If you admit to speeding in court, what would happen depends on where the break off point is for fines. It depends on how the state determines the assessment on fines (is it a certain dollar amount per mile per hour over or is it a bracket range for fines).

For example if 1-10 miles per hour over the speed limit was in one traffic fine bracket (let's say 100 dollar fine) and 11-20 miles per hour over the speed limit were in another fine bracket (let's say 200 dollar fine), then it might make a difference what speed you were going (what you say you were doing as opposed to what the officer said). If that were the case, then if you believed you were going only 35 miles per hour, that would only be the 100 dollar fine and could make quite a difference if the officer though you were going 41 miles per hour (the 200 dollar fine).

If, however, 1-20 miles per hour are all in the same fine bracket, the fact that you admit to speeding might not matter, you would get the same fine anyway.

Aside from all this, you would still need to refute the officer's testimony about the accuracy of his determination of your speed. Aside from questioning calibration or interferences with the radar signal, there is not much that can be successfully argued.
 

micnite

Junior Member
Thanks for the reply.

Yes, there is a difference in fines. If I was cited as going only a few miles slower, then the fine would be less and the points would be cut in half. Ideally I would like the whole thing dropped, but pleading it down to the lower fine would be my next best option. I don't want to get into a battle of the facts with the officer, since he will most likely win no matter what I say. The officer did mention, after giving me the ticket, that I could go to court and if I have a clean record, I could possible get the fine reduced.

My main question is regarding court and what is expected of me. Who do I plea bargain with? Is it as simple as asking for them to dismiss it due to my clean history or will they just laugh at me? I'm not familiar with this procedure and just want some insight so I don't make any mistakes....thanks
 

LawGirl10

Member
I would call the court and ask that question. I'm sure it varies from state to state. In the state/county I worked in, we cited all of our tickets into a city court that only handled traffic infractions and other minor infractions. If the person challenged the ticket, they never spoke to anyone until appearing in the court at the hearing. If they decided to plead, they just spoke to the court clerk who relayed the information to the judge. I'm sure it differs depending on the location and in larger cities, it is probably considerably different. The court clerk should be able to answer your questions. If you want to try to get it reduced, find out who you need to talk to and bring in a certified copy of your driving record if you think that will help.
 

micnite

Junior Member
I did call the Clerk and she was rather rude to me. She answered every question with "read your ticket sir" even though most of what I asked was not found on the ticket.

Is it possible to go to the court before my date and see if I can make a deal with the Clerk directly or do I have to wait for my court date?
 
S

seniorjudge

Guest
Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687
 

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