Unique Situation-Trying to avoid Suspension

[NJDriver987]

I recently had my license suspended in New Jersery for accumalating 12 points within a years time. My license was suspended for a month and reinstated April 4th, 2009. I was put on a year probation, with a 90 day suspension if I received a moving violation in the first three months of the suspension.

While driving to Pennslyvania to stay at my girlfriends house, I received a speeding ticket in Eagleview by a Uwchlan police officer. He had me down for 73.3 in a 55. This was on route 100 which I am obviously unfamiliar. While traveling down this road which I believed to be a 65 mph speed limit at the time, this was due to the fact that motorists were blowing by me in the left lane.

After I was pulled over, I rode back down the whole route that I was on, and failed to find a speed limit sign indicating that it was a 55.

Now my questions are:

1. Can I arbitrate in Pennslyvania court with a lawyer to maybe reduce my ticket so that it is not a moving violation?

2. I was planning on switching my license to a New York State one but found out that you must have had your license for at least six months. Being that I just received it in April this would not be feasible. So my question is, while looking at Rhode Island, not once does it mention the amount of time that you must have had your license. So would it be possible to obtain a Rhode Island license as long as I can prove residence, identity etc. even though eventually my license would be suspended in NJ, even if I do eventually get convicted of this moving violation?

I have 10 days to respond and will be pleading not guilty as late as possible to try and extend the period of time for me to figure this out.

Thanks for your time,

Eric

PS

When I get home later tonight I will have the ticket in front of me and be able to more accurately answer any questions you may have.

 

[FlyingRon]

. This was on route 100 which I am obviously unfamiliar. While traveling down this road which I believed to be a 65 mph speed limit at the time, this was due to the fact that motorists were blowing by me in the left lane.

After I was pulled over, I rode back down the whole route that I was on, and failed to find a speed limit sign indicating that it was a 55.

In Pennsylvania, only certain interstates have 65 MPH speed limit and those will explicitly be marked. No sign means can't be higher than 55.

1. Can I arbitrate in Pennslyvania court with a lawyer to maybe reduce my ticket so that it is not a moving violation?

If you can beat the ticket, there will be guys along in a minute to tell you how (a lawyer can possibly help). Don't know any other mitigation in PA other than beating it.

2. I was planning on switching my license...

OK, I'm confused. Just when did you get your license, that you manged to rack up 12 points, be suspended for a month, etc... and it not being six months old?

RI just requires your license be valid when presented (or not expired for more than a year).

Do you know that NJ may suspend your driving privs for the probation violation even if you've managed to snag an out of state license. Presumably this is a sham and you are going to continue to drive in NJ?

 

[NJDriver987]

FlyingRon,

Thank you for first answering my questions about mitigation in PA.

In response to your other questions, I have had my New Jersey license for over two years. I racked up these points within a years time and had it suspended for a month and reinstated on April 4th, 2009. If I am reading the New York State DMV website correctly it says my license must have been issued for at least six months which it has not.

I am currently attending Brown and will have an apartment there in August, and was planning on switching my license then. Unfortunately due to getting this ticket earlier then expected, I am desparately trying to keep my license from getting suspended and switched over to RI as they do not require your license to have been issued for a preset amount of time, as long as it is valid and not suspended, which mine isn't yet. So my real question is, if I am able to switch over to RI, will my driving priveleges until mid August in New Jersey still be suspended even though I have a new out of state license and place of residence?

As long as I can drive in New Jersey until mid August I will be fine because after that I will only be driving in RI anyways. I use it to get to work everyday right now in NJ and would have no other means of transportation at the moment at my disposal.

Thanks for your time,

Eric

 

[Maestro64]

FlyingrRon got it right, no signs in PA it safe to assume it is 55, it is the only exception since all over speed limits required to have posted signs.

Your options are to fight or pay and you can definitely get a lawyer or fight the ticket yourself. I do believe NJ will assign point on your NJ license for tickets received in PA. If you can get the ticket reduced to something like disobeying a traffic control device that is usually a no point ticket and many time in PA these types of tickets are not reported, but no guaranty.

Being 18 over and depending on the officer they might just offer 5 over, which again is a no point violation in PA, not sure how that would show up in NJ. The only thing you have going for you is PA will not have access to your NJ record so they might not know how bad of a driver you are therefore they may make that offer.

To add on to what FlyingRon said, even if you somehow get your license issued from another state, and NJ finds out about this new ticket they can still suspend your NJ driving privileges and there is nothing to keep them from notifying the new state or even the new state looking up your record later and finding out your license was suspended in NJ. There is plenty of example on this board of people who moved and had their license suspended after the fact once the new state found out about their past driving recorded.

Moving to another state does not work as a means of avoiding past bad acts, there one example where a ticket from 27 years ago surface on someone.

 

[NJDriver987]

Now while I understand the point your making, would this still hold true if this new license was obtained prior to the suspension in New Jersey. Officially my license is not suspended in New Jersey yet as I have not been convicted of this moving violation yet.

If I am able to obtain an out of state license in the interim, I can truthfully say that my license has not been suspended yet on the form because it hasn't. Once the ticket does clear if I am convicted, won't my driving priveleges only be suspended in New Jersey for the three months, because I am now not a resident of their state as opposed to completely suspended?


Eric

 

[Maestro64]

When you move and take up resident in a new state many times the new state does not notify the old state you are not longer a resident of their state and they should cancel your license with them. Now RI may require you to forfeit your NJ when they issue a new license, however, NJ will still list you as having a license. Now when PA notifies NJ of the conviction NJ will assign the associated points and proceed to suspend your license again.

I believe when your license is suspended there is a process you must go through to get it re-instated and many time that means paying something.

Now RI may never find out this happen, or at some later date when they renew your license they check the database they might see NJ suspended your license and you never cleared the matter with NJ and at that point RI suspends your license and your stuck. This will hold true if you never return to NJ and move to another state after RI. All the DMV databases are linked these days and anyone can run a record check based on you SS number, that alone will not make it go away.

 

[FlyingRon]

I can also tell you that even if the new state informs the old state, the old state may not do anything with that info. I moved from Maryland to Colorado and traded in my MD license on a CO one. When I moved back a year later, MD couldn't figure out why I wanted a new MD license when they figured I already had one. There was a notice on my MD driving record that said "DR CO" which I suspect was the indication that I'd surrendered by MD license in Colorado, but it made no difference to them. They issued me a duplicate of my original license rather than issuing me one based on my out of state one.

Besides in addition to the suspension action, there are fees involved. I wouldn't put it past the NJ authorities to be more concerned about getting their fees than anything else.