Improper Passing/Improper question from cop

[ninja.civic]

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

I was recently issued a ticket for "Improper Passing on shoulder".
It was peak traffic and I had to make a right at a light. There is a shoulder that becomes a 'right turn only' lane just before the light. It is a 'no turn on red' right. The car in front of me broke suddenly because the light turned yellow. To evade him, I swerved onto the shoulder. This was near where the shoulder becomes a turn lane. There was a cop waiting at this exact point.

Needless to say, I got pulled over for 'driving on the shoulder'. This is where it gets interesting. He asks for my license and seeing that I am here on a work visa that expires in 3 years, his first question to me : "Hey what's up with the temporary immigration status?". He said this with such disgust on his face, that I knew any hopes of getting let off with a warning was gone. I explained what a work visa is and then he gave me a ticket.

Questions:
1. Is it legal for him to ask me that question about my immigration status? He had no business bringing that up. Can I use this against him in court to say he was discriminating and get the case dismissed?

2. If I cannot get my case dismissed, is there a particular plea bargain I should request from the prosecutor?

3. Looks like plea deals will result in my paying like $400+ fines. Am I better of taking the 4 points and $90 fine? Can I just take a defensive driving course or something and get these points taken off my license without it affecting my insurance next year?

Please advise.

Thank you.

 

[The Occultist]

The car in front of me broke suddenly because the light turned yellow. To evade him, I swerved onto the shoulder.

You're lucky the officer didn't see this as you could have been facing more charges due to the fact that you were not following at a safe distance/speed to allow yourself to brake behind the car.

1. Is it legal for him to ask me that question about my immigration status? He had no business bringing that up. Can I use this against him in court to say he was discriminating and get the case dismissed?

There is no law that prevents him from asking this question. Trying to use discrimination as a defense will not work since he had no idea of your ethnicity prior to pulling you over.

2. If I cannot get my case dismissed, is there a particular plea bargain I should request from the prosecutor?

You can request whatever you want, but they don't have to give anything. Bringing a copy of your clean driving record to court with you will increase the potential for a favorable plea bargain.

3. Looks like plea deals will result in my paying like $400+ fines. Am I better of taking the 4 points and $90 fine? Can I just take a defensive driving course or something and get these points taken off my license without it affecting my insurance next year?

It is always in your benefit to do whatever it takes to not get points. Avoiding an increase in your premium will save you more money in the long run.

Whether or not you can take a driving course to knock out any points you get is up to your state; check with the court and/or your local DMV. Do keep in mind that often times insurance companies will operate on their own point system that doesn't have too much to do with points against your license, so you may wish to check with your agent to see if taking a driving course would help alleviate any increases on your premium.

I advise seeking the representation of a traffic attorney. A local attorney knows best what the courts want to hear, and as such have the highest potential of yielding the most favorable results. Many attorneys will offer a free/cheap consultation, so take advantage of that and sit down with a couple to see what insight they may have to offer.

Thank you.

Anytime.

 

[ninja.civic]

Thank you @Occultist. That was helpful.

I will let you know the outcome

 

[The Occultist]

Please do! I appreciate your polite response even though I know what I posted wasn't necessarily what you wanted to hear. I'm sure others seeking advice that may stumble across your thread may appreciate any insight towards the situation you are attempting to overcome.