Driving with expired license ticket
Was "Court appearance required" annotated on the summons? Court can give you the fine when you call.
There is a list of the fines on the NJ legislative website but it is difficult to use.
ctrzaska said:
Search NJSA 39:3-10(a).
Most of what I'm finding just says "maximum $500" but I don't know how they determine specifically.
Yes, the court date was noted on there. I'm not going to be here so I'll have to call anyway. Just wanted to be mentally prepared if it is indeed several hundred dollars!!
You should be able to change the court date...I'd call 1st thing Monday. Often with traffic tickets, they plea you down to a lesser offense....although I can't think of what a lesser offense would be for this one...often with a 4 point ticket, they will pick an offense that is only 2 points and drop it down to that if you plea guilty....
there is a difference between listing a court date and marking 'required' they always list a court date even if its not required...but i would assume this does require a court appearance...
if you are going to fight it, the 1st day is just to enter the not guilty plea and then you come back for a trial.
it will definitely help if you renew your license immediately
my guess is that they will take your driving record into account in determining the fine.
This is maybe a silly question, but on what grounds would I fight it? This is my first ticket ever so I've never been through anything like this. But, no question my license was expired!
dave said:
I'd go with insanity.
LOL. Well I do have young kids...
TarheelsInNj said:
This is maybe a silly question, but on what grounds would I fight it? This is my first ticket ever so I've never been through anything like this. But, no question my license was expired!
It doesn't matter upon what basis. If you show up, it indicates that you are willing to take up court time. They don't want that so at that first appearance is when the prosecutor offers a plea bargain.
If you just send in the money, you get the fine and points (if any).
Formerlyjerseyjack said:
TarheelsInNj said:
This is maybe a silly question, but on what grounds would I fight it? This is my first ticket ever so I've never been through anything like this. But, no question my license was expired!
It doesn't matter upon what basis. If you show up, it indicates that you are willing to take up court time. They don't want that so at that first appearance is when the prosecutor offers a plea bargain.
If you just send in the money, you get the fine and points (if any).
I see. So better to just reschedule and go, and then take the plea bargain?
TarheelsInNj said:
Formerlyjerseyjack said:
TarheelsInNj said:
This is maybe a silly question, but on what grounds would I fight it? This is my first ticket ever so I've never been through anything like this. But, no question my license was expired!
It doesn't matter upon what basis. If you show up, it indicates that you are willing to take up court time. They don't want that so at that first appearance is when the prosecutor offers a plea bargain.
If you just send in the money, you get the fine and points (if any).
I see. So better to just reschedule and go, and then take the plea bargain?
No guarantee, but that is how it usually works. I have presented around 30 traffic tickets on behalf of my employer. I am not a lawyer. I have also presented for a couple on my own behalf.
I have never not been offered a plea.
Sometimes if you take the time to go, the charges get dismissed. But I can't speak for this particular violation. If you find out what the fine is then you can decide whether it is worth your time to go. In my experience, it takes a couple of hours.
Are you sure court appearance is required? If you go and they do lower it to something else, you will have to pay some court fee which may result in higher up-front out of pocket cost. Might be best to pay what is listed (if so) on the back of the ticket. And if you do go to court, be sure to have renewed license in hand.
The court fee is around $35.00. If the fine is reduced, it is usually worth at least $100. If it results in no points, it is worth even more.
Also, I am also not sure about this particular offense but I believe the appearance will be worth your time.
Red_Barchetta said:
Are you sure court appearance is required? If you go and they do lower it to something else, you will have to pay some court fee which may result in higher up-front out of pocket cost. Might be best to pay what is listed (if so) on the back of the ticket. And if you do go to court, be sure to have renewed license in hand.
It gave a court date and time, and didn't list a specific fee.
I'm planning to renew the license tomorrow first thing!!
it wouldn't be that you were fighting the ticket, but trying to plea down to a lessor offense...an overpriced lawyer could likely get them to agree to it if they don't offer it (everyone I have ever heard of was offered a lessor offense without asking in various towns--but again--i don't know if its possible with this....it may be more that they offer the minimum penalty if you agree to it)..
and if they don't offer...its not worth paying a lawyer
you need to find out if an appearance is required....if it is required, you can't just pay by mail...in that case you are not showing you are taking up the courts time....
if a court appearance is required, but the cop failed to check the box--you are not at fault....but you will be in for a fight to prove that.
Don't tickets have an online payment option? you can begin that option and see if it lets you..but don't complete it unless you are sure you aren't going to court..
but that makes me think...if a specific fine is not listed...you have to go to court to determine the fine.
Violation payments of expired licenses require proof of current license, I believe.
ctrzaska said:
Violation payments of expired licenses require proof of current license, I believe.
THIS!!!!!!
Sooner rather than later so judge can't question your willingness to follow the law.
That makes sense. If you take a couple of weeks to get your license renewed and the judge notices, he may just fine you a higher amount.
can I ask what got you pulled over initially that the PD discovered the expired license? Or was it a random checkpoint?
BG9 said:
That makes sense. If you take a couple of weeks to get your license renewed and the judge notices, he may just fine you a higher amount.
And (it should go without saying) get a ride there. In the you-can't-make-this-stuff-up category: some twit (not to suggest, of course, that you're a twit, LOL) landed in jail after being pulled over driving to either his court date or DMV (can't recall which) with the same expired license.
ctrzaska said:
BG9 said:
That makes sense. If you take a couple of weeks to get your license renewed and the judge notices, he may just fine you a higher amount.
And (it should go without saying) get a ride there. In the you-can't-make-this-stuff-up category: some twit (not to suggest, of course, that you're a twit, LOL) landed in jail after being pulled over driving to either his court date or DMV (can't recall which) with the same expired license.
And after you pay the fine, if that's what happens, report the results to NJDMV so they will update their records. Crazy at this may sound it isn't the courts responsibility to notify DMV. It's yours.
ctrzaska said:
BG9 said:
That makes sense. If you take a couple of weeks to get your license renewed and the judge notices, he may just fine you a higher amount.
And (it should go without saying) get a ride there. In the you-can't-make-this-stuff-up category: some twit (not to suggest, of course, that you're a twit, LOL) landed in jail after being pulled over driving to either his court date or DMV (can't recall which) with the same expired license.
Geez...honestly I didn't think about that. I guess I'll need to get my husband to go to work later too. What a total pain. A self-made pain, obviously.
SuzanneNg said:
can I ask what got you pulled over initially that the PD discovered the expired license? Or was it a random checkpoint?
I believe it was random. They didn't mention another offense. I'm the registered owner of the car so I guess if you run the plate you see the expired license. Ironic that I got pulled when I was driving, not my husband. Karma I guess!! (Though on this particular evening my husband had been drinking at the party we left, so he would not have been driving anyway!)
Looking at the ticket again, I see it says at the top this is a "non payable offense" and I do have to go to court.
I called to reschedule and they said they allow one failure to appear without penalty. So I just don't go, and then they mail me a notice with a new court date. This seems like a kooky system and makes me a little nervous, but...
When is the court date? I would follow up with a CERTIFIED LETTER indicating that you will be out of town on the court date and as per the conversation you had with (did you get a name?) the court clerk, it is your understanding that you will be sent a notice with a new court date. If you can get a fax number you can fax it (print out a confirmation of the fax). And ask that they contact you if your understanding is incorrect.
jmitw said:
When is the court date? I would follow up with a CERTIFIED LETTER indicating that you will be out of town on the court date and as per the conversation you had with (did you get a name?) the court clerk, it is your understanding that you will be sent a notice with a new court date. If you can get a fax number you can fax it (print out a confirmation of the fax). And ask that they contact you if your understanding is incorrect.
Good thought. It's December 28
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I got a ticket tonight for driving with an expired license (dumb!!). I can't find much information online so I'm just curious- does anyone know what the fine will be? And do I really have to appear in court or can it just be settled?