Cell Phone Ticket - NJ

[ivanl3]

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

Was cited under c.39:4-97:3. Officer stated, and documented on the ticket, that I was "texting". I have cell phone records proving no texting was occurring on my phone around the time the ticket was issued. What I was doing was activating the blue tooth function on my phone -- which is allowable by law.

I went to municipal court yesterday where I was required to do one of the following:

1) Plead not guilty and return and a later date for trial
2) Plea bargain with the prosecutor
3) Plead guilty with no plea bargain and accept my penalty

During the plea discussions, the officer was not present only the prosecutor. He offered to recommend that the fine be dropped ($200 - $400) but I would still be found guilty and have a first offense on my record. He conceded that activating bluetooth while driving is legal but he could not drop the charges without the officer present.

So I plead NOT GUILTY and am awaiting my next court date. I have the forms that would allow me to offer my defense via affidavit, but will only use that route if I am unable to get the court date scheduled on a day that I can attend. I was told that the officer would be present on my next court date.

Any thoughts/advice on how to approach my next appearance is appreciated. While I feel I such an offer would be made. When I go back, will my precourt meeting be with the office alone or the officer and prosecutor together?

The other aspect of this case that confuses me is how if/the points (and possible license suspension) transfers to PA (where I hold a drivers license --- I don't have one on NJ) if I were to get a 3rd offense. Based on my own research, the points DO NOT transfer to PA, but what about the license suspension? If I were to get a 3rd offense in NJ and the judge wanted to impose a license suspension on me, could he do so? Could he have my PA license suspended or at least revoke my driving privileges in NJ?


Thanks.

 

[HighwayMan]

So you've been convicted twice before?

 

[ivanl3]

So you've been convicted twice before?

No. Never been convicted before.

 

[drruthless]

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

Was cited under c.39:4-97:3. Officer stated, and documented on the ticket, that I was "texting". I have cell phone records proving no texting was occurring on my phone around the time the ticket was issued. What I was doing was activating the blue tooth function on my phone -- which is allowable by law.

I went to municipal court yesterday where I was required to do one of the following:

1) Plead not guilty and return and a later date for trial
2) Plea bargain with the prosecutor
3) Plead guilty with no plea bargain and accept my penalty

During the plea discussions, the officer was not present only the prosecutor. He offered to recommend that the fine be dropped ($200 - $400) but I would still be found guilty and have a first offense on my record. He conceded that activating bluetooth while driving is legal but he could not drop the charges without the officer present.

So I plead NOT GUILTY and am awaiting my next court date. I have the forms that would allow me to offer my defense via affidavit, but will only use that route if I am unable to get the court date scheduled on a day that I can attend. I was told that the officer would be present on my next court date.

Any thoughts/advice on how to approach my next appearance is appreciated. While I feel I such an offer would be made. When I go back, will my precourt meeting be with the office alone or the officer and prosecutor together?

The other aspect of this case that confuses me is how if/the points (and possible license suspension) transfers to PA (where I hold a drivers license --- I don't have one on NJ) if I were to get a 3rd offense. Based on my own research, the points DO NOT transfer to PA, but what about the license suspension? If I were to get a 3rd offense in NJ and the judge wanted to impose a license suspension on me, could he do so? Could he have my PA license suspended or at least revoke my driving privileges in NJ? Thanks.

thoughts/advice
First off, you do not want to know what I think about distracted driving.
Advice? ... Turn the d*mn Bluetooth on before take the car out of PARK!


..______________________
~ Helping to rid the world of stupidity,
Starting with my own.

 

[ivanl3]

thoughts/advice
First off, you do not want to know what I think about distracted driving.
Advice? ... Turn the d*mn Bluetooth on before take the car out of PARK!


..______________________
~ Helping to rid the world of stupidity,
Starting with my own.

"starting with your own...." This is a legal advice forum sparky.

 

[ShyCat]

"starting with your own...." This is a legal advice forum sparky.

Common sense advice is a free bonus provided by the volunteers of this site.

 

[ivanl3]

Common sense advice is a free bonus provided by the volunteers of this site.

In that case, thanks for the freebie. But the advice is summarily rejected.

 

[drruthless]

In that case, thanks for the freebie. But the advice is summarily rejected.

Sound of hand slapping forehead!!
SO, you will summarily reject the advice on what grounds?
was it bad advice?
was irrelevant to the topic
did perhaps I misspell a word or was my grammar poor ?
Well I'm disappointed. I thought you could do better as well.
This poor attempt of a public flogging is over.
If you have anything else to say then I expect a PM to be forthcoming.
If you are in need of a faster response to what I just said, Stick your head in a bucket of water until you see the light
Good Day
.._______________________
~ Diligence is a very great help,
even to a mediocre intelligence.

 

[ivanl3]

Sound of hand slapping forehead!!
SO, you will summarily reject the advice on what grounds?
was it bad advice?
was irrelevant to the topic
did perhaps I misspell a word or was my grammar poor ?
Well I'm disappointed. I thought you could do better as well.
This poor attempt of a public flogging is over.
If you have anything else to say then I expect a PM to be forthcoming.
If you are in need of a faster response to what I just said, Stick your head in a bucket of water until you see the light
Good Day
.._______________________
~ Diligence is a very great help,
even to a mediocre intelligence.

Completely irrelevant to the question which was looking for legal advice, not behavioral advice. Try to do a better job keeping focus next time (my free advice).

 

[HighwayMan]

So WHY are you talking about a third conviction if it does not apply to you?

 

[ivanl3]

So WHY are you talking about a third conviction if it does not apply to you?

B/c NJ law for this infraction is a graduated one with the 3rd offense including points penalty and possible license suspension. Accepting a wrongful conviction on a first offense gets me one step closer to the 3rd offense -- which has potentially serious consequences. That is why I am fighting this --- 1) I am innocent. 2) Possible consequences down the road are serious (especially if the penalty is transferable to PA).

http://law.justia.com/codes/new-jersey/2013/title-39/section-39-4-97.3/


My court date is 11/2. I will be there in person -- as will (presumably) the officer and the prosecutor.

 

[drruthless]

Completely irrelevant to the question which was looking for legal advice, not behavioral advice. Try to do a better job keeping focus next time (my free advice).

I think where lies the confusion.
could you be looking at the signature line and its contents as to belonging with main body of the thread?
My understanding of a signature line is its sorta like a rubber stamp on which you have something you want repeated each time you bring closure to a thread.
They could be anything.
The contents are usually personal by nature and are not meant to be seen in any way as advice.
Mine usually consist of antidotes or famous quotes that that I have collected over the years.
And yes, there is something being said.
I try to stay within the guidelines that are contained in the terms& conditions of use we agreed to abide by when we first signed up.
But, if I wonder a bit to far over the line,
I WILL expect to hear about it.

How you choose to read them
is entirely up to you.
..___________________________________
~ Politicians and diapers must be changed often,
and for the same reason.~ Mark Twain

 

[ivanl3]

i think where lies the confusion.
Could you be looking at the signature line and its contents as to belonging with main body of the thread?
My understanding of a signature line is its sorta like a rubber stamp on which you have something you want repeated each time you bring closure to a thread.
They could be anything.
The contents are usually personal by nature and are not meant to be seen in any way as advice.
Mine usually consist of antidotes or famous quotes that that i have collected over the years.
And yes, there is something being said.
I try to stay within the guidelines that are contained in the terms& conditions of use we agreed to abide by when we first signed up.
But, if i wonder a bit to far over the line,
i will expect to hear about it.

How you choose to read them
is entirely up to you.
..___________________________________
~ politicians and diapers must be changed often,
and for the same reason.~ mark twain

susp . . . . . . . . . .

 

[ivanl3]

C'mon all you legal eagles and Clarence Darrow wannabes, someone must have some clever insight to offer. My date in court is less than a month away.....

 

[Zigner]

C'mon all you legal eagles and Clarence Darrow wannabes, someone must have some clever insight to offer. My date in court is less than a month away.....

I think your attitude will prevent you from getting what you want.