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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (609) 799-6066
- View Profile
- Answered
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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
