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New Jersey: Riding at night with Motorcycle permit ticketed for statute 39:3-10

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hevinkorton

Junior Member
My state is New Jersey.

Hello all, first thanks to anyone who can help me out here.

The other night I was riding my motorcycle back from a friend's house at night, I only have my learner's permit, I was well aware that I was violating the conditions of the permit. So a police officer pulled me over because my tail light was out (he didn't ticket me for that) instead he gave me a ticket for NJ statute 39:3-10 which states:
that no person shall drive a motor vehicle on a public highway in this State unless the person is under supervision while participating in a behind-the-wheel driving course pursuant to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a validated permit, or a provisional or basic driver's license issued to him in accordance with this article.

What are my options? The officer said if I take my road test and get my license before the court date I can get it reduced (Im assuming to failure to present license?). Is there anything else I can do? I read somewhere that Statute 39:3-13.2a is "violation of conditions of a special learner's permit" which seems like a much more appropriate fit. If I take this to court will I need a lawyer? Would I be able to bring my valid permit to the prosecutor and argue that technically 39:3-10 doesn't apply to me?

Thanks for any and all advice
 


OHRoadwarrior

Senior Member
It does not matter that you feel one law is more appropriate than another. What matters is whether you are guilty of the law you broke. Your permit was invalid after dark.
 

hevinkorton

Junior Member
Thanks, that is fair enough. Just needed clarification since the blurb for 39:3-10 mentions the statute 39:3-13.2a pertaining to a learner's permit and states "unless the person...is in possession of a validated permit". It just confused me a little bit, but it makes sense - permit isn't valid at night hence no license.
 

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