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Questions Answered by Michael A. Smolensky
2 Answers | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: warning for offense 39:4-32 pedestrian crossing roadway signals

if you receive a warning in new jersey for failing to stop for a pedestrian in a marked crosswalk will that increase your auto insurance rates. Not a ticket but a warning. I have a camera in my car and the video shows nothing except a cop waving to turn left. Can I contest this ?

Michael A. Smolensky
Michael A. Smolensky
answered on Nov 17, 2022

A ticket filed in the municipal court is required before direct and collateral consequences become an issue. If a police officer gives only a warning, then the court, motor vehicle commission, and insurance company should not find out about the encounter.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a ticket for reckless driving after I was caught speeding which I have to go to court for.

Should I get a lawyer? This is my first offense and I’m extremely lost and unsure it was the middle of the night no cars were on the road and I never wish to harm others this is the first time I got fines let alone pulled over and got a ticket.

Michael A. Smolensky
Michael A. Smolensky
answered on Nov 14, 2022

In addition to the penalties described by my colleague, a conviction for Reckless Driving involves serious collateral consequences. These include 5 insurance eligibility points, a 10-year ban on vanity plates, a lifetime ban on courtesy plates, and a 3-year prohibition against driving for a company... Read more »

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2 Answers | Asked in Criminal Law and Employment Law for New Jersey on
Q: If convicted 15 years ago for CDS, will that show up on a criminal background check for NJ school employment?
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 31, 2022

Generally speaking this will appear in any background check unless the defendant petitions for and is granted an order of expungement. But more information is required to answer this question under these circumstances. Contacting a criminal defense attorney to discuss this in greater detail is a... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: If I have a third degree aggravated assault do I have to provide dna sample
Michael A. Smolensky
Michael A. Smolensky
answered on Oct 21, 2022

In New Jersey, yes. It’s in the plea form. A defendant must provide the sample and pay for the testing.

1 Answer | Asked in Car Accidents and Criminal Law for New Jersey on
Q: I woke up one night at approximately 5pm, I went outside to go to Walmart and my car was gone. I reported car stolen.

The police came back the next night accusing me of making false report because apparently my ex boyfriend was driving the car and had gotten into an accident. I allow him to use my car when he needs it but in this particular day I did not know that he had the car as I thought he was out of state.... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Oct 11, 2022

This sounds important. But it is difficult to answer this question online because more information is necessary. If it is as important to you as it sounds, then you will want to contact a private attorney to discuss this in more detail.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If a police officer marks down the speed limit on the ticket then can I fight the speeding ticket since he can't prove?

I was regrettably doing 88mph in a 35mph school zone. Honest to God I didn't know I was in a school zone I thought the speed limit was 50 either way I was late for work and speeding. So the officer told me I was doing 88mph then comes to give me the ticket and I realized he marked it down and... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Sep 29, 2022

There is also the possibility that the prosecutor will have the officer’s handwritten notes indicating that the officer already gave you a break when he issued the speeding ticket to you. If you are concerned, however, then meeting an attorney for a consultation might be something to consider... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: a police officer motioned for me to put seatbelt on and i did. then 30 secs later he pulls me over and gives me a ticket
Michael A. Smolensky
Michael A. Smolensky
answered on Sep 16, 2022

The form of this question reminds me of the meme with the little baby saying, "So the cop shouted, 'pull over,' and I answered, 'no, cardigan!' Instead of hazarding a guess, because I am not entirely certain of the question asked here, it might be worthwhile to arrange a... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is there a legal distinction between the terms “roadway” and “highway?” Are they interchangeable?

For example if a section in this law refers only to “highways” does that law apply to all roadways? In regards to a pedestrian moving law.

Michael A. Smolensky
Michael A. Smolensky
answered on Sep 14, 2022

Good question! Interpreting a statute can include, but is not limited to, plain text, context with respect to the the text of other statutes, statutory structure, extrinsic evidence of legislative intent, canons of construction, and case law. This research aids in the determination of the meaning... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My friend is in county since yesterday for credit card theft gave 9 charges superior is there chance he will be released
Michael A. Smolensky
Michael A. Smolensky
answered on Aug 24, 2022

To be held in pretrial detention is ordinarily not part of anyone's plans. Nevertheless, more information is required to develop the arguments for his release. In the meantime, if your friend very much wants the court to order pretrial release, then he will want to give careful thought to... Read more »

1 Answer | Asked in Criminal Law, Family Law and Estate Planning for New Jersey on
Q: How does an inmate get a general power of attorney signed over

The form already filled out. Can I just get two witnesses inside to sign or how would I get something notarized while incarcerated

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 5, 2022

Logistics will require coordination with prison/jail security. Generally speaking if one is serious about the execution of a power of attorney or any other estate planning documents, then one ought to seriously retain an attorney to draft and oversee the execution of the instruments.

1 Answer | Asked in DUI / DWI for New Jersey on
Q: Repost w/add’l info: Could a DUI which has been dismissed by the prosecutor be re-charged?

.

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 4, 2022

Attorney General Guidelines for Municipal Prosecutors limit their discretion in plea negotiations on DWI charges. It is unlikely that the Municipal Prosecutor dismissed all charges but the reckless driving without very good reason.

1 Answer | Asked in Juvenile Law for New Jersey on
Q: is there a way to remove a wrong juvenile charge in new jersey?

the case was about 5yrs ago as a juvenile case and it was a result of a plea verdict. Except the final charges didn't involve one of the original charges. New jersey courts didn't remove it, even though the charge appearing isn't correct. I want to know if there's a away I could... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Aug 2, 2022

Depending on a variety of factors, you might be eligible to expunge the juvenile record. You would need to contact an attorney to discuss this option in greater detail.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Do I still need to appear in court even though the ticket contradicts what the officer said?

I got pulled over for two traffic violations in NJ. The cop told me I needed to appear in online court for one, however both tickets say that I can plead guilty and pay online without going to court. When I payed online, both online tickets then said that "the matter has been resolved through... Read more »

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 28, 2022

Ordinarily a defense attorney would advise against paying a ticket online. This is because paying the ticket has the legal effect of pleading guilty. And the monetary fine is not the only penalty one faces. Depending on the charge, one might also face license points with the Motor Vehicle... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: What distance can you park from a private driveway? & Parking the front bumper of a car touching the rear bumper of a 2d

Can you park in front a private mail box All the above in Twp.of Maple Shade NJ.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 22, 2022

New Jersey law generally prohibits parking or standing a vehicle "in front of" a private driveway. Among other exceptions, however, a municipality may enact an ordinance to permit parking in front of private driveways. Beyond this, it seems that contacting a private attorney to inquire... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is section b. Qualified as a point infraction in New Jersey!

39:4-88B

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 15, 2022

A conviction for this motor vehicle offense carries 2 Motor Vehicle points and 2 Insurance Eligibility Points.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket for failure to show proof of insurance because I couldn’t find the card but I am insured, plead guilty?

I am able to prove I had a valid insurance at the time of the ticket.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 14, 2022

More information is required. It would be a good idea to talk to an attorney on the telephone and meet her or him before pleading guilty.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: A cop issued me a ticket.

The ticket says the date it was issued. Then the court date says it’s the issue date and the time it happened.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 9, 2022

To find out the date and time, either call the municipal court on the telephone, or look it up using the judiciary’s Municipal Court Case Search.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Do I get points for a 39:4-138M
Michael A. Smolensky
Michael A. Smolensky
answered on Jul 8, 2022

The New Jersey Motor Vehicle Commision administers one of the point systems. Private insurance carriers administer the other system. Though subject to change, at present neither system imposes points for this offense.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can I change the lock on an estate property where I am the executor and the person who previously lived there

and continues to live there) won't vacate. There's no tenancy relationship.

Michael A. Smolensky
Michael A. Smolensky
answered on Jul 6, 2022

Instead of changing the lock, it seems you ought to consult an attorney knowlegable in property law. More information is required to determine whether and how to remove the occupant from the land.

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I take a possession charge for someone if I wasn't present at the time drugs were found?

Found in my car which my boyfriend was driving at the time of arrest.

Michael A. Smolensky
Michael A. Smolensky
answered on Jun 26, 2022

The answer to this question depends on the specific facts of the case and, perhaps more importantly, prosecutorial discretion.

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