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NJ Speeding ticket with incorrect time -- Do I stand a chance?

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seniorjudge

Senior Member
sukharev said:
Here, read this:

http://njlawnet.com/njevidence/602.html

A witness has to have personal knowledge, and evidence needs to be introduced sufficient to support a finding that the witness has personal knowledge of the matter
Yes, that is correct.

And since the time of the offense is not an element of the offense, that personal knowledge (of the officer) of the time of the offense will never be called into question.
 

sukharev

Member
seniorjudge said:
Yes, that is correct.

And since the time of the offense is not an element of the offense, that personal knowledge (of the officer) of the time of the offense will never be called into question.
The time of the offense is ALWAYS used, to establish that the officer was there, on duty. In all of my trials, the time was one of the elements of the evidense, and you can indeed use it to prove the officer does not have independent recollection of events. Whether the judge is going to go by the rules of evidense is entirely different matter, and if he doesn't, that's pretty good grounds for an appeal.
 

echz

Junior Member
As my prior experience with municipal court would lead me to believe, I don't even think my case will make it to the point of me saying anything but "Yes, your honor".

As I've seen in the past, usually, the person fighting the ticket talks to the prosecutor before the case even goes in front of the judge, and the prosecutor will discuss with you about pleading guilty to eiter a lesser speed or a different type of non-point violation (seat belt, etc.). Hopefully, if all goes well, the prosecutor will be willing to amend the violation, but who knows...
 

seniorjudge

Senior Member
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

echz

Junior Member
I'd be willing to plead guilty to molesting a farm animal (as long as jail wasn't involved) to not get the DMV points. I'm not totally crass to the point where I'm going to argue that I wasn't speeding -- I was. However, if I can be found not guilty due to their mistake, I would take full advantage of it.

I'm just looking at it from the standpoint of "If the officier wasn't on duty at 10:52 PM, how could he be operating the unit and issue me a ticket?" technicality...
 

seniorjudge

Senior Member
echz said:
I'd be willing to plead guilty to molesting a farm animal (as long as jail wasn't involved) to not get the DMV points. I'm not totally crass to the point where I'm going to argue that I wasn't speeding -- I was. However, if I can be found not guilty due to their mistake, I would take full advantage of it.

I'm just looking at it from the standpoint of "If the officier wasn't on duty at 10:52 PM, how could he be operating the unit and issue me a ticket?" technicality...
Now you are starting to think more clearly...well, except for that part about the animal.
 

seniorjudge

Senior Member
sukharev said:
What was the statute on that one?
Well, I Googled

sex with farm animals

but if I gave you the results, I would be banned from this forum.

Just take my word for it that time IS an element of that offense. Pigs, for example, get really miffed if you are late for a date.
 

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