Contesting a Traffic Ticket

I am definitely contesting an "improper passing" 4 point traffic ticket and just wondering if it would be better to hire an attorney (I have received many lawyer solicitations on this) or just going and presenting myself ? Anyone with experience?


Does the Summons accuse you of passing a school bus?

Lawyers are one of those unfortunate necessities in life. Your chances are almost always better with a good one. Sometimes how your case is presented becomes more important than the actual facts. 


No not passing a school bus. Moving late from a right hand turn only lane. 


Let me guess.... was this on the Route 78 toll plaza to get on the turnpike?  I got this exact ticket because I rode up in the right turn lane planning to go south on the turnpike.  All of the left and center lanes are backed up for a ways due (among other things) to the construction on Pulaski. 


Any way I was shocked to see that this is a 4 point ticket.  I received letters from 8 different attorneys offering to represent me.   I did some googling, and it appears that if you approach the prosecutor with an offer, you'll get a fee of $495 with no points.  That's plus whatever the attorney costs you.  Given that the ticket itself is only an $85 fine, I decided to plead guilty and roll the dice with insurance.  


Being that driving your car on the sidewalk or driving the wrong way on a one way street are only 2 points, 4 points for passing in the right hand turn lane seems excessive.

Red....was your Google search about approaching the prosecuting attorney done through an attorney you hire or can you represent yourself?


I don't remember exactly.  What I do remember is that if you come to court without an attorney they are going to jerk you around with continuances which means multiple appearances and time off from work.  


Yes, 4 points seems excessive.  It's almost like they want you to contest it so that they can get a higher fee out of you.  I'm of the mind that I'd rather pay fees to my insurance company than the court - just to spite them.  


Pretty much the way it works in NJ is when you get there, you'll be offered some kind opf deal where you pay an increased amount but the points go away. No need to hire a lawyer- you can easily negotiate this yourself.


As for getting it completely dismissed, it's highly unlikely unless you have some sort of evidence to support your side ( basically proof that you didn't do this thing or the sign was down or something like that)


Often, in many municipal courts....they plea you down to a lesser offense...they purposely target people for higher level violations.


If you didn't do it...consider a lawyer..but not one that contacted you..


if you did do it....take a plea....


and then you can take an online driver improvement course for about $75 and get the points off your insurance


my friend recently went through this..she got a 4 or 5 point ticket (15+ over the limit)...the gave her the 2 point violation in the plea...I know 2 people in 2 different towns that did something similar


NOTE THIS IS ONLY FOR LICENSE POINTS...INSURANCE IS DIFFERENT...YOU MAY STILL HAVE INSURANCE PENALTIES.



rhw said:

No not passing a school bus. Moving late from a right hand turn only lane. 

 wouldn't that be improper lane change?  Although I don't see that on the list of infractions....

http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm


maybe it could be 39:4–88 Failure to observe traffic lanes 2


this is about 'unsafe lane change'


http://www.nj-criminalattorneys.com/unsafe-lane-change-n-j-s-a-394-88/



you say 2 different things....1st you say moving over late, then you say passing in the right hand turn lane seems excessive..


what really happened?


if there are 2 lanes, with one lane going straight, and the other a turn only lane with a solid line....and you start in the straight lane, use the turn lane to pass..it is a violation..


you can only use another lane to pass when both lanes are heading in the same direction...once there  is a solid line for the turn lane you cannot pass on the right...you aren't supposed to over a solid line at all..was there a solid line?


i would guess that once there is signage that it is a turn only lane...you can't use it to pass..

http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_4.pdf

note that it says "substantially continuous lanes" to pass on the right

a lane that is right turn only is not substantially continuous


the passing/lane change needs to be completed before there is a solid line or the lanes are no longer substantially continuous

This occurred on a 4 lane road. I exited a shopping center into the far right lane. I needed to move over to the next lane before the far right changed to right turn only. Traffic was severely backed up and although blinker was on and moving very slowly I could not get into the lane until the light turned green and cars started moving and allowed me to move over.  I needed to cross the solid white to do this.  Police officer noticed, pulled me over, no questions asked.


okay...i wouldn't call that 'passing'  but you could have waited further back where the line was dashed....


the fact is that you crossed the solid line...which is a violation.....if the  prosecutor offers to plea it down to a 2 point violation....take it....you usually don't need a lawyer......


i think the 1st appearance you  only enter a plea...if you enter a plea of not guilty it is rescheduled for trial....if you plea guilty..it ends that day....if you are not offered a 2 point violation....then flat out plea not guilty and consider hire a lawyer for the trial.


also, read the ticket..i heard something about them saying you need to notify the court if you intend to plea  not guilty...but I'm not sure on this...when my friend went to court..she never informed them but was offered the deal on the spot.



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