Q: Car was parked. I got driving after dl was revoked 39:3-40 and no liability insurance 39:6B-2 and 2 other tickets.
Can I possibly get the 39:3-40 thrown out because I obviously wasn't driving? As for the 39:6B-2 since NJ cops can't see your insurance info can I get this one thrown out because there's no way he could of known I didn't have insurance. I also got a ticket for no registration which is fine and parking on private property although it was on a public street.
A:
Anything is possible and the driving while suspended is the most likely ticket to get dismissed since as you say they did not see you driving. However, they don't need to see you driving to ticket you for this offense and thus you could still lose its the ability to drive so even if your parked in your car lets say with the keys in the ignition they could consider you to be driving. As for no insurance sure they can know the car is not insured this is because each insurance company reports to the MVC which cars they have insured. If your car is not on the list you are uninsured.
Your are using logic to determine what the law is, but unfortunately its not logic that dictates whether you win or lose, but the law as written in statutes, rules and regulations and as determined by judges called case law. This is why people hire lawyers to help them because a lawyer should know the law and a good one will know how to use it to your advantage to win the case. I suggest you consider hiring a lawyer as it sounds like you need one if you want to get the best result possible. Most of us traffic ticket lawyers offer a free in office consultation. I would suggest that you set one up.
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