Westfield, NJ asked in Traffic Tickets for New Jersey

Q: I want to fight a driving on a suspended infraction from 7 years ago. Will it be difficult considering the time passed?

I have a driving on a suspended from years ago that I never dealt with (I probably have a bail on this matter). I want to get it taken care of so that I can finally get my license restored, but I would like to fight the infraction if possible.

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3 Lawyer Answers
Gerald D. Siegel
Gerald D. Siegel
PREMIUM
Answered
  • Plainsboro Township, NJ
  • Licensed in New Jersey

A: Good morning,

You have not provided enough information to determine if there is a defense.

You should not share it here due to confidentilaity issues.

You should call a alwyer and go over the case via phone or Zoom.

Most lawyers do not charge for this type of consultation.

Gerald D. Siegel, Esq.

Plainsboro, N.J.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Traffic Tickets Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Yes you can still fight the ticket if you never went to court for it and plead guilty. The key however is what will be your defense. I suggest setting up one of the free in office consultations that most of us traffic ticket lawyers offer to determine your best defense.

Toshinori Isoai
Toshinori Isoai
Answered
  • Traffic Tickets Lawyer
  • New City, NY
  • Licensed in New Jersey

A: You can "fight" or dispute your suspension. How you were suspended in the first place will play a key role. Did a judge suspend you for whatever reason (like DWI conviction)? Or did the DMV suspend you due to nonpayment of a parking ticket or surcharge that you didn't know of or thought you took care of? Assuming that the DMV, not the judge, suspended you, then the State has the burden of proof and is obligated to provide you certain proof associated with the suspension. If this is a very old case, the police officer who issued the ticket may not be around, in which case the prosecutor may not bother to proceed with your case and dismiss or downgrade it to a lesser offense. Even if the case gets eventually dismissed, the judge may impose a fine called "contempt" fee or "FTA (failure to appear)" fee on the ground that you didn't actively try to resolve your case in years.

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