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Questions Answered by Mark Cheser
3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a ticket for 89 in a 65 in Marlboro.

Looks like 4 points. Is it worth getting an attorney in order to fight points or should I just fight myself. My insurance went up $100/mo for a two point speeding ticket back in 2015. What’s the fine potential in front of Judge Newman? Am I at risk of a license suspension? I work in Sales so I... Read more »

Mark Cheser
Mark Cheser answered on Nov 28, 2017

License loss with an attorney at that speed in front of that Judge would be low percentage but not 0. Without an attorney percentage is higher. The only chance at a 0 pointer in that town is with an attorney. There are various options to choose from, try to reduce and take a safe driving course,... Read more »

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2 Answers | Asked in Traffic Tickets for Massachusetts on
Q: How to remove the points for speeding ticket if I cannot attend the court?

I got a speeding ticket of 390$ and this is my first speeding ticket when I was travelling form NJ to MA. Now that I am back to NJ, I think it is really difficult for me to travel to that court which is in MA. Is there any way I can remove those points from my record as I cannot attend the court... Read more »

Mark Cheser
Mark Cheser answered on Nov 27, 2017

You need to ask a Mass attorney, in NJ it would likely not happen.

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3 Answers | Asked in Criminal Law for New Jersey on
Q: The same bus driver constantly refuses to stop and let people waiting in so i hit the door and it cracked by accident

Is this an offense. It is the same bus driver he never stops and lets people in even if we signal for him to stop. The bus has room for people hoever he still does not stop and let people in. I hit the door to let the bus driver know that i was mad i did not mean to break since i did not hit it... Read more »

Mark Cheser
Mark Cheser answered on Nov 27, 2017

It is an offense. Write a letter next time. Question is do they know who did it.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was driving from NJ to Boston and got a speeding ticket of estimated 104 in 65 zone. Which court do i go to

I basically reside in NJ. This is my first speeding ticket . Is there any way I can get those points out of my record?

Mark Cheser
Mark Cheser answered on Nov 27, 2017

You go to the court it happened in. If outside NJ only 2 points come back. If in NJ don't think about 0 points will likely never happen. Think license suspension that likely will happen. You need an experience criminal defense attorney fast. freehold is a reasonable courr but over 100 is a problem.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over but not issued a ticket. A week later, I received a court date in the mail. Still no ticket.

I don't have a license but he told me to park it and not drive home. That was it. How should I proceed?

Mark Cheser
Mark Cheser answered on Nov 27, 2017

I suggest an attorney. No less censor can have a surcharge for three years. If the charge can be downgraded, more information is needed there, it would save the attorney fee maybe more. If you are underage that is a different situation but an attorney may help that as well.

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2 Answers | Asked in Criminal Law and Employment Law for New Jersey on
Q: Moral Turpitude ?

I was arrested on charges of shoplifting. The charges were dismissed and amended to a municipal ordinance. Since the conviction was dismissed and amended to a municipal ordinance this would not be a moral turpitude crime?

municipal ordinance petty offense? Moral Turpitude???

This... Read more »

Mark Cheser
Mark Cheser answered on Nov 26, 2017

The problem with law enforcement is any arrest. Here it was for a theft offense whether considered moral turpitude or not. You were not convicted. The ordinance is not criminal. It depends on the regulations of the organization. My guess is you will need to explain that arrest.

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2 Answers | Asked in Criminal Law, Employment Law, Traffic Tickets and Workers' Compensation for New Jersey on
Q: shoplifting amended

I was arrested on charges of shoplifting. The charges were dismissed and amended to a municipal ordinance. Since the conviction was dismissed and amended to a municipal ordinance this would not be a moral turpitude crime?

municipal ordinance petty offense? Moral Turpitude???

Mark Cheser
Mark Cheser answered on Nov 26, 2017

The origin bail charge was not dismissed it was amended with a downgrade.,you were not convicted of any criminal violation if it was an ordinance. But the arrest is still in the computer for the original charge. You can expunge in two years but that will not hide it from INS if that is the issue.... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can a grand jury indict someone without a lab reports proving that the substance is a cds?
Mark Cheser
Mark Cheser answered on Nov 25, 2017

They can since they only need probable cause but normally they wait for the result. However now with a 90 day indictment timeline the lab may not be back

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2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: What's the difference between passenger non-commercial vans and commercial vans?
Mark Cheser
Mark Cheser answered on Nov 25, 2017

All commercial vehicles have separate regulations. Otherwise more information is needed.

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1 Answer | Asked in Juvenile Law for New Jersey on
Q: Where do i send my check to pay myfines for juvenile probation
Mark Cheser
Mark Cheser answered on Nov 24, 2017

I am not sure but previously all checks go to probation. Ask your PO. Make sure you get a receipt or keep the canceled check.

2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for New Jersey on
Q: I'm a minor, 15 years of age. I took my parents car out last night without any permit or license and I crashed the car.

the cops charged me with unlicensed driving, will I have to go to juvenile detention?

Mark Cheser
Mark Cheser answered on Nov 24, 2017

No but you will not get your license for at least 6 months after everyone else.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If it is a payable offense and I pay the fine do I receive points?

65 in a 50 $105 payable offensive

Mark Cheser
Mark Cheser answered on Nov 23, 2017

Yes, 4 points. You cannot get 0 points in Hillsbough with Judge Richardson, even with an attorney. So it pays to go and ask Frank, the prosecutor for a reduction to 2 points. The fine is a bit more but it is worth it to get the reduction in my mind. Ask for the 0 pointer maybe they changed there... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I go to court without a parent present, can I talk to the prosecutor ahead of time,if I pay the fine how many points

I am 17 and got a ticket for 65 in a 50 on the way home from my fire fighter class.

Mark Cheser
Mark Cheser answered on Nov 22, 2017

Yes you can negotiate with the prosecutor. You face 4 points Joe you can get it to 2.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: the police only put 39:4-32 pedestrian crossing roadway.. what i have to do in court? please thx
Mark Cheser
Mark Cheser answered on Nov 22, 2017

Use an attorney. On your own speak to the prosecutor and see what is offered

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: what is violation 10-107D IN NEWARK, NJ

Want to know what fine is for this violation

Mark Cheser
Mark Cheser answered on Nov 22, 2017

I do not know either. It is an ordinance and not in the general books. Some Newark ordinances carry points some how. I did not know that either but was informed on this site. Best to call Green Street (good luck in that) or go down there and ask st the violations window or on the third floor... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: i was driving when the person start crossing by the other side .police give me one ticket and court 39:4-32 is point?

was in two lines

Mark Cheser
Mark Cheser answered on Nov 22, 2017

This citation is for violating the duties owed to a pedestrian in a crosswalk. It does not have penalties but the companion statute 4-36 imposes 2 points.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I have a friend that is locked up.How can i get him a new judge if im on the outside.

If my friend feels that the judge is rascits can he get a new judge if the prosecutor is saying they have evidence when do they have to show it

Mark Cheser
Mark Cheser answered on Nov 22, 2017

The State now shows discovery at the detention hearing. If none they provide discovery st the PIC hearing. Just about no chance of changing judges. Get him the best criminal defense attorney he can afford.

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2 Answers | Asked in Criminal Law for New Jersey on
Q: My girlfriend is being charged with terroristic threatin imminent death purp fear 2C:12-3B against me.what will happen

To her,her first time in trouble.will they give her low bail.

Mark Cheser
Mark Cheser answered on Nov 22, 2017

There is no bail anymore on "crimes" what other States call felonies. NJ has conditions now. In a first offense third degree,which this is, she may not have been held at all and is so not for long. In Passaic this type of charge is often downgraded back to Municipal Court depending on the... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: Can I be charged with harassment by someone based solely on text messages I sent to someone else?
Mark Cheser
Mark Cheser answered on Nov 21, 2017

More information is needed. Such cases are very fact sensitive. There is case law saying no. But if the third party was a employer etc. it could be harassment. The issue is the intent to harass, most times to alarm or annoy. If the text was to another and the person finds out third hand it is hard... Read more »

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: If in a situation where you feared for your safety, and receive a ticket 39:4-89. Is it worth fighting in court
Mark Cheser
Mark Cheser answered on Nov 21, 2017

It depends on the court. Technically common law defense are no allowed in such matters but many court would listen is the "necessity" was legit. More information is needed there.

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