What is the name of your state (only U.S. law)? NJ
Was cited under c.39:4-97:3. Officer stated, and documented on the ticket, that I was "texting". I have cell phone records proving no texting was occurring on my phone around the time the ticket was issued. What I was doing was activating the blue tooth function on my phone -- which is allowable by law.
I went to municipal court yesterday where I was required to do one of the following:
1) Plead not guilty and return and a later date for trial
2) Plea bargain with the prosecutor
3) Plead guilty with no plea bargain and accept my penalty
During the plea discussions, the officer was not present only the prosecutor. He offered to recommend that the fine be dropped ($200 - $400) but I would still be found guilty and have a first offense on my record. He conceded that activating bluetooth while driving is legal but he could not drop the charges without the officer present.
So I plead NOT GUILTY and am awaiting my next court date. I have the forms that would allow me to offer my defense via affidavit, but will only use that route if I am unable to get the court date scheduled on a day that I can attend. I was told that the officer would be present on my next court date.
Any thoughts/advice on how to approach my next appearance is appreciated. While I feel I such an offer would be made. When I go back, will my precourt meeting be with the office alone or the officer and prosecutor together?
The other aspect of this case that confuses me is how if/the points (and possible license suspension) transfers to PA (where I hold a drivers license --- I don't have one on NJ) if I were to get a 3rd offense. Based on my own research, the points DO NOT transfer to PA, but what about the license suspension? If I were to get a 3rd offense in NJ and the judge wanted to impose a license suspension on me, could he do so? Could he have my PA license suspended or at least revoke my driving privileges in NJ?
Thanks.
Was cited under c.39:4-97:3. Officer stated, and documented on the ticket, that I was "texting". I have cell phone records proving no texting was occurring on my phone around the time the ticket was issued. What I was doing was activating the blue tooth function on my phone -- which is allowable by law.
I went to municipal court yesterday where I was required to do one of the following:
1) Plead not guilty and return and a later date for trial
2) Plea bargain with the prosecutor
3) Plead guilty with no plea bargain and accept my penalty
During the plea discussions, the officer was not present only the prosecutor. He offered to recommend that the fine be dropped ($200 - $400) but I would still be found guilty and have a first offense on my record. He conceded that activating bluetooth while driving is legal but he could not drop the charges without the officer present.
So I plead NOT GUILTY and am awaiting my next court date. I have the forms that would allow me to offer my defense via affidavit, but will only use that route if I am unable to get the court date scheduled on a day that I can attend. I was told that the officer would be present on my next court date.
Any thoughts/advice on how to approach my next appearance is appreciated. While I feel I such an offer would be made. When I go back, will my precourt meeting be with the office alone or the officer and prosecutor together?
The other aspect of this case that confuses me is how if/the points (and possible license suspension) transfers to PA (where I hold a drivers license --- I don't have one on NJ) if I were to get a 3rd offense. Based on my own research, the points DO NOT transfer to PA, but what about the license suspension? If I were to get a 3rd offense in NJ and the judge wanted to impose a license suspension on me, could he do so? Could he have my PA license suspended or at least revoke my driving privileges in NJ?
Thanks.
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