Neptune City, NJ asked in Traffic Tickets for New Jersey

Q: Cop gave me cell phone ticket but it was written in my spouse name(registered in spouse name) gave my license though

Car registered-spouse

Insured under me

Gave my license

Ticket written to my spouse who was not with me he put all of her information on ticket what do i do he did have body cam going

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3 Lawyer Answers
Michael A. Smolensky
Michael A. Smolensky
Answered
  • Traffic Tickets Lawyer
  • Cinnaminson, NJ
  • Licensed in New Jersey

A: 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 prove she is not guilty of the motor vehicle offense. To control the situation and protect her rights, however, she would want to retain competent counsel. Among other things, an attorney can help prevent things from "going sideways."

1 user found this answer helpful

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

A: Your problem is that if you don't do this case correctly they will just re-issue the ticket to the correct party you. I suggest that you get a good lawyer to make sure you have the best chance of winning this case. The State will try to argue this is a clerical error where as your attorney will argue against this.

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

A: If the tickets were issued to your spouse, then she has to defend the summonses. Calling and speaking with the court clerk will not help. Depending on your township, the court date is likely to be one or two months after the incident, which may help you since there is a law called "statute of limitations" that defines the timeframe in which the People must bring a charge against the accused. The state may not be able to re-issue the same summons to you if the statute of limitations has run by the court appearance date. HOWEVER, your matter is pending in a "NJ" municipal court where anything can happen and some judges routinely exercise their discretion that does not exist under any law. So the judge may just deny your wife's motion (request) to dismiss the tickets for facial insufficiency and then allow the State to issue new tickets to you.

Having said that, the simplest route you (your wife) may want to take is to retain a counsel, take the matter to trial, have the officer testify that your wife was NOT the driver. The State has to prove and identify the operator before anything, so if the officer testifies that your wife wasn't the operator, then that should be it. Keep in mind though that you may need to invest some time in this mater by appearing on the remote court sessions several times and waiting for a significant period of time before your case gets called (especially if no attorney is representing you). Wish you the best.

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