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Do i have a chance?
Also, by going to court, how much should I expect to pay with court fees and such?
Some background information: I have a clean record and this is my first ticket!
Thanks in advance!!!
I received two 2 point tickets for careless driving and failure to stop yield. There was a very minor accident where only my license plate was damaged, and the other party has not filed with my insurance company after two weeks and still wonder if they will, but in NJ it is mandatory to go to court if have accidents with tickets.
My friend says that I do not need to hire a lawyer but only talk to the prosecutor before my case. I have not done this before or been in court. I haven't done this before so I assume I have room to do so, since can only do 2 no-points in 5 years.
What and how should I ask the prosecutor to get 1 or both tickets to a no-points ticket?
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
Well what I have admitted it was my fault to the officer because it was, but I heard that I can still negotiate for ticket(s) without insurance points just by asking the prosecutor. It's not getting rid of the fine as with the case in "not guilty" plea but getting a higher fine without points or reduced points. I haven't done this before though. With a lawyer, its a not guity plea, but this doesn't need a lawyer.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
When I was a senior in high school we had those elections where you become junior mayor, council, etc. A buddy of mine got be be the junior municipal judge and when he went in to watch the court in action I went along. Sure enough, a guy pleads guilty with "but.".... the judge says "I'd like to help you but you already plead guilty."
Next!
My boyfriend said that I tell the prosecutor I am guilty of one the failure to observe sign but not guilty for the other careless driving for the reduced points. So technically there is a but in this case because of the two tickets. I'm a little confused I admit
Thank you for your response. On this site, they have a couple types of plea bargains, if I approach the prosecutor and say I would like to have one of my two tickets, the careless driving one, reduced to a fine without points, a moving violation to a nonmoving violation, because I am generally a good driver.
I guess that is the "reduced" type of plea bargain on the site then?
So would I be considered guilty or nonguilty when I ask the prosecutor this? I already told the cop I was guilty.
You'll see when you go, it is not very involved. Traffic court is nothing but a business. They want you in and out as quick as possible while getting the most money out of you.
So, you get there, wait, they take roll call and want you to state "guilty or not guilty." When they call your name, you state not guilty. They finish roll call, then say, "OK. Everyone who pled not guilty can go out into the hallway."
You go and wait in line to talk to the prosecutor. When it is your turn, you go in. The one time I did this, he didn't even look up from his desk. He didn't ask me any questions. He said, "Ok. Let's see..... mmm-hmmm.... this is what I'm going to do. I'll reassign this violation to to a nonmoving violation for this dollar amount. Bye."
I suppose, maybe, at that point, you could say, "um, but could you...?" But, honestly, he'll probably give you exactly what you are looking for right off the bat without you having to say a word. They love nothing more than to change violations to nonmoving violations with MUCH larger fines. Like I said, it is a business. They are there to make money, Period.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
I went to lawyers.com and asked and also tried to ask about court procedures as I thought that was something I didn't understand as maybe that was tripping me up (and it was, as "the not guilty but guilty thing" like I said before), but I got nothing but snotty vague responses! Nothing about court prodecure or my defense! Between the two of you on this site and my bf and the other things I was able to look up, I finally got it. http://community.lawyers.com/forums/t/99711.aspx
Now my 2010 NJM renewal form came and I need to write my speeding ticket on the form where it's asking for any moving violations within 3 yrs. Would they find out anyway if I don't write anything? I don't want to be kicked out to NJRe and have premium go up way too high. Their current year flyer comes with the renewal package says that they will waive a violation of 2pt or less. For my case, would they consider it to be 4pts or 2pts (since I had the driving class)? Would they also find out the outdated inspection ticket and police report in 2008?
Thanks for any answers.
What you did not mention was whether or not you filed an insurance claim for the guardrail incident. If NJM had to pay out to fix your car for that incident AND you have the 4-point ticket (yes, it is still 4 points as far as they are concerned), then I am afraid you may be in trouble here.
And, no, not writing it down won't help at all. I'm not even sure why they ask you to write it down, as they will just pull your report anyway.
If you did not file a claim on the guard rail incident, then you only have the 4-point ticket. I don't believe they will boot you for that alone.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
I recently started driving on the highway (rt. 1 is basically a highway to me lol) in order to get to my internship everyday. Of course my inexperienced self would go over the speed limit to pass the car next to me in order to get to an exit near a construction zone, and get a 60 at 40 speeding ticket.
This is my second offense. My last offense was also a 15mph over the limit at a suburban street. I went to court and paid off all my points (around $400, but I figured it was better than increasing the insurance). I swore that I'd never get a ticket again and have been following speed limits very well. It's too bad I suck at highways, but I've learned my lesson and definitely will be more careful next time.
My questions are as follows:
1) I'm a bit confused about the plea bargain. As I understand, I call in and plead not guilty, get a court date, beg the prosecutor to reduce my ticket and pay off the points if I can. Is that correct? Can I still do this for a second offense?
2) If what I understood in #1 is right, by calling in not guilty, is that just calling the office and telling them I want to go to the date written on the ticket?
3) If the prosecutor does not reduce my ticket, can I still pay off everything like last time?
4) Are my options looking grim? Should I just call a lawyer?
Thanks in advance!
2. yes
3. Not sure what you mean here. If he doesn't reduce it, you owe the same fine printed on the ticket PLUS court costs. Chances are, since you showed up and pled not guilty, he'll do SOMETHING to give you a break. Even if it is giving you something with 2 points instead of 4.
4. I wouldn't pay for a lawyer since you have 0 points now. If you already had points and were looking at more points, then yes. But try to avoid having that happen!
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
To go to court and get the no points I think will cost you over $300.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
My main concern here is that I may be getting 2 points for this offense. My DMV record is clean, however, just 5 years and 5 months ago I was involved in a single car accident which resulted in me filing a claim to repair my car. I also received a ticket for that, but I paid for the no-point ticket. However, I received 5 points on my insurance record. For whatever reason, it is still listed in the insurance abstract that was included in my most recent renewal form. It has passed the 3-5 year mark which I believe at which point most insurance companies no longer consider in calculating your current rates. Is it still supposed to show up in the abstract then?
I am not in the financial position to pay for a second no-point ticket this time around ($500 or more). If I absolutely have to in order to avoid points on my DMV record and increased insurance rates, I will do it. What are my other options?
My insurance is with the Fireman's Fund, but I have called several times to find out if a 2 point moving violation is forgivable, as some insurance companies will do, but I keep getting the answer that it is on a case by case basis. Does anyone know? I am no longer in the high risk insured category as I am 29.
I am willing to take a defensive driving course to knock down the 2 points, but I am not sure what will happen given my prior accident. I have been looking for answers, but have not found anything, so if anyone has an answer, I will appreciate your time in answering me!
What I want to say, however, is that the defensive driving course takes point off your license, but NOT your insurance. Will they give you a discount for taking the course? maybe. Again, that's a question for them. But that's a separate issue from insurance points.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
It's his first moving ticket. He has provisional license even though he'd 19. He was lazy and never got it officially changed. The rule now is that prov license holder can't plead, but he'll have it changed over by court date, so he can answer that he doesn't have provisional when he is asked (unless they ask what he had on day of violation) He can also play dumb and say that he's 19. He can act like he didn't know he had to go to DMV to change it.
Mainly question is about the 83 in a circle and his chances of pleading down to no points. Wonder if he can be guilty on the speeding but pay off the points....not clear on how it works.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
We went to court today and pleaded not guilty thinking to reduce the points, ($81 fine, $250 to reduce two points) the prosecutor told that they need another party to be heard before finalizing. Did we did a mistake of pleading not guilty, what are my options going next time to court? can we plede guilty next time when other party comes to court? what will happen next, please help.
What happened was that I got out of the holland tunnel from NYC and crossed over to a one way street. I took a left turn at another one way street, at which I probably didn't signal the turn and most likely did a california rollover through the stop sign. I proceeded to the next junction which was a T-junction onto a main street with a stop sign for me, and turned without signalling. (This junction is a no left turn during business hours). I was pulled over by the cop soon after and given the three tickets. This was early in the morning, there was no traffic in the streets or any pedestrians.
This is in Jersey City,NJ and i looked up, this all adds up to 6 points, which'll add an additional surcharge by the DMV and I think jack up my insurance rate.
I was wondering what would be the best way to minimize the impact (fine/points/insurance).
Thanks,
Max
I actually am in the same situation in the town of East Brunswick. I'm curious what happened with your case. Did the other party have to be there when you went back to court? Did you plead not guilty? I'm not sure what to do and my court date is this Monday. Any advice would be appreciated.
Regards,
Joe
We admit no fault, the procecutor said that he will take two points and we pay more fine, we agreed and the case is closed.
I went to court plead not guilty. The prosecuter has offered if I plead guilty the points would remove and pay $89. Now I have to go to a trial. Should I accept the offer or go to a trial? Can someone help me?
In any case, that sounds like an easy call - you are probably guilty (most of us are in these cases), and if you can get out of it for $89 and no points (and no trial... I mean, what would your defense be?), that seems the easiest option to just get it over with with minimal pain.
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I had the misfortune of working yesterday (12/26), and was basically the only person in the office. I was driving into the Lincoln Tunnel in the morning as I always do, but unlike every other morning there were very few cars on the road at all. After passing through the ezpass lane, I drove to the right tube and the police car blocking the left tube veered out and almost hit my car, so I swerved to the right to avoid him. He took out his megaphone just before I was about to drive into the tunnel, called me to stop and back up. He stopped me, asked for license and registration.
I asked him why he was stopping me as I hadn't a clue what would warrant this (which was clearly a mistake in hindsight). He told me I was speeding through the ez pass and left with my information. When the officer returned, I saw that the ticket was written up for speeding 25mph in a 5mph zone! I was under the impression if a person goes too fast through ez pass, they send warning and collect the money. I've never gotten a letter like this before and ez pass gets plently of money from me.
The ticket doesn't say points on it, so after looking it over, I went over to the cop and asked him how much $ and how many points this is. He said he didn't know, I'd have to call the Municipal Building but they were closed for the day. Then I asked him if he even knows its 5mph, I was under the impression it was 15mph through ez pass as I do the drive every day. Needless to say, it wasn't a polite exchange, and he left with some snide comment like, "It's not Christmas today!"
I looked this morning, and it actually does say its 5mph thru the ez pass in a small sign by the toll, and I looked up the fines. 20mph over the limit would give me 4 points and $200 fine, when 19mph is same points but $105 fine. Its hard to fathom such a punishment for driving a max of 25mph in the 1st place! I don't think I was even driving as high as 25mph, but the ticket has speed measurement device checked.
I also noticed that the officer wrote my old address on the ticket, rather than my new one on the back of my license, and I'm not sure if this makes any difference.
From the other posts on this forum, it seems that if I go to court and plead not guilty, it should be simple to knock this down to 2 points with hefty fines. I also spoke to a lawyer in Weehawken who said of all his years working in the area, no one has called him about being stopped for speeding through ez pass before. He was very confident he could knock off all the points, but it would cost big fines, and his fee is $350. I tried to see if there was any way he could charge me significantly less if he only gets down to 2 points instead of zero, but he didn't go for that.
I'm in the process of applying for life insurance and don't want a ding to my record. I also don't want any points for an auto insurance hike.
What's the best way to proceed with this?
PS, I'm not sure why this would affect life insurance. (??)
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
I actually spoke to EZ Pass yesterday to ask them if I'd ever had any speeding warnings going through the tolls, and they said I didn't have any. When I asked to get that in writing, all of the folks I spoke with refused to put it in writing. Even better, when I asked how fast they clocked me going thru the toll on 12/26, they said 22 mph when the officer wrote down 25 mph. It doesn't look like I can get this documented either but I have a manager looking into it who is supposed to call me back. Its just frustrating that I have the information that could help in court, but no way to prove it.
Have you heard of anyone before getting pulled over for speeding thru the toll lane?
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
I also have never heard of anyone getting a ticket for speeding through an EZPass lane. I know where you got the 15mph from - that's the Parkway and Turnpike EZPass. Almost anywhere else they pot it at 5.
There's not one correct way to do this. I think I'd try to go it alone and when court comes around approach the prosecutor yourself and say you want to plead guilty to a non-moving violation. There are a bunch of them. Any one will do. Obstructing traffic, failure to observe sign...... They may well buy that and let it go and will almost certainly bargain off 2 points.
If you are nervous about this approach or if the extra $350 is worth it to you pay the lawyer but I'm betting you can accomplish what you want without him.
If anyone else has good advice or has fought a speeding ticket for ez pass toll lane, please add a thread.
Otherwise, I'll just update post-court date, which is looking like mid-end January.
Let us know how it turns out.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
If this is your first in over 10 years, plead not guilty and just be real with them. I know they're lenient on non repeat offenders but it depends on the judges too so it's a gamble.
I got a ticket in East Hanover and I could have just make some BS since it was my first ticket in over 10 years of driving because teh judge was lenient with the toher cases before mine and through some out. The other ticket I got in Clifton, the prosecutor just no point because I am still under the 3 tickets. I didn't even have to argue then but I had to with teh one in East Hanover but I wasn't talking to the prosecutor directly but to another cop or someone when I was making my plea.
To play it safe, I'd just take teh no points tickets and pay the extra. It'll probably end up cost you $500. It's really just another tax levied on us...
I'll update again afterward. Thanks!
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
I suppose what I'm asking is if it's okay to shop around for quotes under the pretense of having a 5 year good driver discount if none of my tickets hurt me point wise? I know insurance companies double check on this kind of thing anyway, I just want to be prepared when talking to different agents when I'm ready to settle on a plan. FWIW, I live in New Jersey.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S