Mistakes can certainly happen. Ordinarily, however, the Superior Court does not schedule the Arraignment until an indictment has been filed. Presumably you were either appointed an attorney through the Office of the Public Defender or you have retained private counsel. Therefore, either of them... View More

New Jersey law recognizes defense of oneself as justification for conduct that would otherwise be considered criminal. One thing that many people seemingly fail to realize, however, is self-defense is not self-executing. This means that a person can be charged, for example, with assault even if he... View More

Although this offense is referred to as "Driving While Intoxicated," the case law on the DWI statute's "operation" element is much broader than the common understanding of the word "driving." This charge is not categorically indefensible, but it is considerable... View More

There are two point systems. One system applies to the Motor Vehicle Commission, and the other applies to Insurance Eligibility. Accumulating points with the Motor Vehicle Commission can result in surcharges and license suspensions. Additionally, the look back period for the MVC is three years. As... View More

This is a good question. One might expect a reasonable trooper to conduct a stop, request credentials, verify the person’s identity, and decide whether to issue any tickets. But police have been known to mail the tickets to the person believed to be driving. So it is possible that tickets will be... View More

Calling an attorney to discuss your concerns is probably a good way to spend some time. It can help address concerns about an experience that is unfamiliar and which will be new. But I would hasten to add before making your choice of attorney, you ought to give this matter careful thought. The... View More

The judiciary takes racism and systemic racism seriously. Based on the description offered here, the officer complimented you, and otherwise acted pleasantly toward you. The issuance of three tickets will probably not persuade the municipal prosecutor of unconstitutional racial discrimination. To... View More

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.

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... View More

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... View More

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... View More

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.

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.

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... View More

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... View More

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.

To answer this question, more information is required. An attorney, upon entering his or her appearance in court on a client's behalf, can demand and obtain the discovery. The answers to questions like this depend on the discovery provided by the State. This is preferable to speculating about... View More

A person charged under N.J.S.A. 39:3-29a faces fines and costs totaling $190, and possibly up to $440 if the person is a driver or operator of an omnibus. It is a good idea to speak on the telephone to a lawyer to review all the details.

It depends on the attorney. Perhaps calling various attorneys on the telephone to inquire will help develop the desired information. Once this information has been acquired, then the individual can conduct a cost-benefit analysis to determine whether the benefit of retaining counsel outweighs the... View More

If I am understanding this correctly, the officer wrote out the ticket to a third party. Here, the third party is the spouse of the vehicle operator. The ticket is a summons for that third party to appear in court. The third party can demand discovery and raise defenses (i.e. it wasn't me) to... View More