Court: need advice

[natulyok]

State: NJ

I got a ticket but when I called the court to find out how much it is, i was told I have to come and the judge will decide how much it will be (the officer did not mark Mandatory appearance on the ticket).
My question is: does it mean that judge can make as much as he wants or there are some guidelines that I can find out about? Also, I don't argue the fact I was wrong but - Should I plead NOT guilty so I'd get a chance to explain the curcumstances in hope that the judge would be more understanding?

Any help is appreciated. Thanks.

 

[HomeGuru]

The judge will follow guidelines and the traffic law.

 

[natulyok]

RE: To HomeGuru

I just read a post about Disregarding Police officer directing traffic. My situation is similar except that there was no officer directing traffic and the police car lights were off. I did not realize the road was closed since the police car was not standing in the middle of the road but rather of the side and there was place for me to drive through. An officer at the other end of the closing stopped me. I wonder if i have a chance to fight the ticket?

Thanks.

 

[qadaq]

Hi!

This might help.

27:14-26. Road closed temporarily; procedure
If the commissioner shall deem it necessary to close a road or section thereof being constructed, improved or repaired under this article, in order to permit a proper completion of the work, he shall execute, and file with the clerk of the board of chosen freeholders, a certificate stating the necessity for closing the road and describing the portion thereof to be closed. The board of chosen freeholders shall thereupon close it to public travel by erecting suitable obstructions and posting conspicuous notices to the effect that the road is closed. Not more than one mile of a road shall be closed at one time.

Or maybe this.

39:4-94.2. State, county or municipal highway, road or street closed with posted notice and barricade; violations; penalty
Whenever by order of the Commissioner of the Department of Transportation, a State highway, or by resolution of a county governing body, a county public road, or by appropriate action of the governing body of a municipality, a municipal street or road is declared closed to traffic for any lawful purpose, and a notice of the closing has been posted at the beginning and ending points of the closed section of the highway, road, or street, and a barricade erected at those points, any person who without the permission of the commissioner or governing body of the county, or municipality, as the case may be:

a. Mutilates or removes the notice, or damages, destroys or removes any warning sign or signal, or removes the barricade placed or posted by the commissioner or county or municipal governing body, at any point along the highway, road or street in connection with or relating to the closed portion thereof; or

b. Drives a vehicle over or upon the closed section of the highway, road or street which he knows or should have reason to know has been closed to traffic; or

c. Violates any rule or regulation for the use of the highway, road or street duly made by the commissioner or county or municipal governing body, as authorized by law, he shall be subject to a fine of not more than $100.00.

Check your ticket and see if one of these is what you supposedly violated. If so, you can ask where the barricades and notices were. Is the road still closed? Get pictures if it looks the same as it did. If you can, get some way of proving the date for the picture. If they had notices and barricades but there was still a space to get through that's different, but if all they had was a cop at the side of the road I'd say you have a pretty good chance.

I'd talk to a lawyer.