Multiple Tickets in NJ

winsnomore · #1 09-29-2005, 03:51 PM

What is the name of your state? NJ

A cop stopped me for travelling "too long" in the 3 lane road, which has the center lane marked for turning left by either side.

On seeing my clean driving record, he offered to give me a seat belt ticket, I was wearing one .. so he wrote me a ticket for blocked view on windsheild ( I had a small air freshner thing).

As he handed me the ticket, I asked him what's the law on driving in the middle lane and he said he couldn't tell me (or he didn't know the exact distance ... I don't recall).
I said then why does he think I did something wrong .. he went back and wrote me another ticket for improper passing. It's a 4 point ticket.

I have a question:

Is there a legal argument that he should have first issued me a 4 point ticket first and then only for any minor infraction.

In NY there is(at least was) a law that you can't charge a person for a small offence and then up the charges later .. you have to start with a higher charge if they occured at the "same" time.

Question is:
does this higher charge first argument apply?
- anyone can help me on the legal term for this

Thanks in advance

Bcar1463 · #2 09-30-2005, 12:35 AM

The cop was giving you the minor non-moving infraction to "cut you a break" because your driving record was (before now) exemplary. Do you understand what points do? Your insurance will go up 300% when your insurance company gets notice of this. You didn't offer any sort of proof that you were driving in the middle lane legally, but I believe there is a better statue for that violation, something like improper use of shared left turn lane. Given certain circumstances, improper passing could also apply, possibly even both at the same time. Advice from here would be to hire a lawyer, your kinda in a hole now, a lawyer is the best bet to know the local laws, loopholes, and what works/doesn't work. Considering the insurance increase, it's probably worth it in the long run. you wanna try to plead that down, maybe get some sort of deferred punishment or a traffic school-type thing.

winsnomore · #3 09-30-2005, 09:42 AM

Bcar ..

I wasn't asking for advise on the use of lane issue:
- and I do understand what points means and what insurance is

My question was .. and I would repeat it for anyone (other than BCAR...) who can shed some light on it:
- does the cop have to issue you the "highest offence" ticket first and then work his way down (like in all criminal proceedings) or
- he can start with something minor and work them up

efflandt · #4 09-30-2005, 09:37 PM

Maybe you are thinking about plea bargaining where a worse charge may be reduced to a lessor charge. Sounds like you already got that break, but he changed his mind when you challenged him.

Where did you hear that tickets at the same time had to be issued in some particular order.

winsnomore · #5 10-01-2005, 12:45 PM

Well, That's the question.

In all criminal proceedings, the highest charge is the first charge.
I had read about the criminal charges and why it's done this way .. but I don't remeber the legal phrase for it to do the search.

Giving a lower ticket and then upping it implies that cop is misuing his power.

Example he can't stop you for not having expired registeraion (he can't see it).. but if he catches you speeding he can issue both tickets .. speeding first.

He can't issue you for expired registeration and then up it to speeding.. he had no reason to stop you the registeration charge.

There is a legal theory behind it .. and I was hoping someone could point out the latin phrase (if there is one) .. and I will chase it down.

thanks