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Advice and can this be dismissed? NJ

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tj8673

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

Hi, my wife just received her first moving violation and I have never had one, so we both are not sure how to proceed.

Background: My wife is 29 weeks pregnant w/ twins and was driving back from a 6 hour stay in the hospital due to contractions. This was the second time this happened in one week and needless to say she was very distressed. About 1/4 mile from home, she did not yield to an oncoming stopped school bus and was pulled over and issued a ticket for statute no. 39: 4-128.1 or improper passing of a stopped school bus. Now she is required to appear in our Borough municipal court even if she is to plead guilty.

On the ticket, the offense date is correct, but the date where the officer signed is incorrect. Can this be adjudicated on a technicality.

My second question is, when she appears in court, is there any way she can plead the ticket down given her state of mind and physical condition at the time of the stop? I know it is not an excuse for the violation, but she was extremely distressed and distracted and still having contractions. She was advised by the doctors to return home as quickly as possible and maintain bed rest. Is it possible given the circumstances, this could be reduced. It is a five point violation and her first offense in 18 years of driving.

Any help would be appreciated.

Thank you.
 
Last edited:


racer72

Senior Member
On the ticket, the offense date is correct, but the date where the officer signed is incorrect. Can this be adjudicated on a technicality.
Not likely, it does not prevent her from presenting a valid defense to the citation.

My second question is, when she appears in court, is there any way she can plead the ticket down given her state of mind and physical condition at the time of the stop?
Not a good idea. If she was in a condition that she could not devote her full attention to driving the vehicle, she should not have been driving. What if it has been a young child in a crosswalk she failed to yield to?

I would suggest talking to a local attorney.
 

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