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New Jersey Municipal Law Questions & Answers

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: I have court for leaving my car in an abandoned property for 2 hours. My car was also towed. Thisi is my first offense

What can I say in court & what chance do I have

H. Scott Aalsberg Esq. answered on Apr 28, 2019

The defense would be based on the reason why you left the car on the property.

2 Answers | Asked in DUI / DWI, Traffic Tickets, Civil Rights and Municipal Law for New Jersey on

Q: I was ask to take breathe test but machine was broken so I was told I don't have to take it then I was charged with ref

It was more than 120days when it was heard so what can I do about it plus I was giving 6 months in jail. It was heard in different court

Howard Lesnik answered on Apr 26, 2019

DWIs and refusal cases are very serious and you can lose your license for 7 to 12 months for a first offense. You should consult with an attorney to see if the police followed the requirements in order to administer the Alcotest. Also, an attorney can examine whether the machine was calibrated... Read more »

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1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: I’m trying to find out what New Jersey’s law is for fire trucks responding with emergency lights on but no Sirins

Emergency lights are on truck driving, passing cars all without an audible sirine, horn, or whistle.

H. Scott Aalsberg Esq. answered on Mar 6, 2019

3 Areas you can look at to start 1) the New Jersey Statutes, 2) the NJ administrative code and 3) your towns municipal ordinances.

1 Answer | Asked in Municipal Law for New Jersey on

Q: Hello, did violation code 39:4-144 have point or not?

H. Scott Aalsberg Esq. answered on Feb 14, 2019

Yes it has 2 points, if you need to get rid of these points and have the least effect on your record, your best option is to hire a good lawyer.

2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on

Q: I have a disorderly person offense that I missed my court appearance on in municipal Court in Camden county NJ.

I called the local township to either possibly have a new court date issued, or to voluntarily appear in court the next session. Was informed by the court clerk that a $799 warrant had been issued for FTA. Was told a new court date couldn't be issued, or voluntarily appear at next session untill... Read more »

H. Scott Aalsberg Esq. answered on Feb 14, 2019

The bail reform act did not cover cases in Municipal Court. You need to pay the warrant. I would also suggest hiring a lawyer for the disorderly persons offense if you cannot afford one after you pay the warrant you can apply for a public defender.

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1 Answer | Asked in Traffic Tickets, Criminal Law and Municipal Law for New Jersey on

Q: Can my son go to jail for a violation of PTI?

My son had a 4th offense driving while suspended back in 2015 which he never paid the fine off. He is currently on PTI for a criminal offense (1st one). His friend was stopped on a motor vehicle incident and my son had a warrant. He spent the night in county and has a court date this month. He is... Read more »

H. Scott Aalsberg Esq. answered on Jan 10, 2019

Yes it is possible he could go to jail, but much more information would be needed to assess what would happen in his case. I suggest you speak with the lawyer who handled his PTI CHARGE as he would know best, or setup a consultation with a new lawyer if you were not satisfied with your prior... Read more »

2 Answers | Asked in Civil Litigation, Criminal Law, Civil Rights and Municipal Law for New Jersey on

Q: Can I file a tort for minimal damages against the prosecutor and officer for maliciousness

Was pulled over out of district for a mantanice of lamp violation in nj by a out of town officer. He did jot contact the town police to write ticket in the book. Proceeded to say he is searching me cause he didn't like my attitude which I have recorded. Arrested me for alleged marijuana residue.... Read more »

H. Scott Aalsberg Esq. answered on Oct 1, 2018

you posted your question under criminal law you need to repost your question under civil rights so a civil rights lawyer will see your question.

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2 Answers | Asked in Traffic Tickets, Civil Rights, Constitutional Law and Municipal Law for New Jersey on

Q: When and how can a file a lawsuit against either a police officer, police station or township for a dismissed charge

I was pulled over for being on my phone but never got a ticket for it. I got a ticket for a break light that was functioning, possession of controlled dangerous substance, possession of con. Dangerous substance in a M.V. a bill is being viewed for marijuana and is being postponed again for 2 more... Read more »

H. Scott Aalsberg Esq. answered on Aug 3, 2018

Best ways to contact a civil rights attorney.

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1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Jersey on

Q: What is considered enough time to speak to your lawyer before a court appearance that is not first appearance.

4 weeks of reaching out to my attorney... court is in 2 weeks. What is concidered enough time to speak to your attorney before court? I have material that needs to be reviewed, motions that need to be filed. Nothing has been done but a phone call every day to his office. I have all of discovery.... Read more »

H. Scott Aalsberg Esq. answered on Jul 31, 2018

No set time, every case is different it depends on the facts of your case the charge that you have and what needs to be done.

1 Answer | Asked in Municipal Law for New Jersey on

Q: prior to a tax sale for delinquent water bill, is township allowed to post your information in public places around town

they advertise in the newspaper 4 weeks prior to tax sale, but now say they will post the information in public areas around town, for example, the library, etc

H. Scott Aalsberg Esq. answered on May 11, 2018

It is a public record thus on the face of it, I don't see a reason why they couldn't BUT you may want to hire a lawyer to investigate this for you and get a certain answer.

1 Answer | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: Can a parking enforcement person(not a cop) give a expired meter ticket for a handicapped person with a valid placard

She had the placard because her HC plates were in the mail. Placard was perfectly valid

Leon Matchin answered on May 9, 2018

Yes.

2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: If you have a valid handicapped placard in NJ and money runs out of your meter can a meter maid give you a aummona

The placard was just until her handicapped license plates came in. I’ve been a cop for 16 years and our whole department was under the impression to let them be. Unfortunately I guess som people have no compassion for those that need our help anyway i think i have the law on my side , what is... Read more »

H. Scott Aalsberg Esq. answered on May 8, 2018

Best to ask your supervisor at the department on what he wants you do. However are you sure you saw the meter run out wasn't the sun in your eye and it looked as if the meter was not expired?

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2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on

Q: my ticket has no fine cost and trying to find out what 1402.CII violation is.

H. Scott Aalsberg Esq. answered on May 2, 2018

Best to call the court to get more information on the fines and penalties. If jail is possible I suggest you hire a lawyer

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2 Answers | Asked in Criminal Law and Municipal Law for New Jersey on

Q: Is it illegal to chalk to aide walks and street

I want to express my freedom of speech and draw with chalk on the sidewalk and street but unsure if it is illegal

H. Scott Aalsberg Esq. answered on May 2, 2018

It is not freedom of Speech to draw on the street that is generally considered malicious mischief.

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1 Answer | Asked in Municipal Law and Real Estate Law for New Jersey on

Q: May one convert a front lawn into a second "driveway" thereby causing loss of parking on the street to others ?

H. Scott Aalsberg Esq. answered on Apr 13, 2018

Maybe much depends on the township rules unless it is a state or county road, then you have to contend with them also.

2 Answers | Asked in Municipal Law and Criminal Law for New Jersey on

Q: Is a municipal ordinance for disorderly conduct considered a disorderly persons offense?

H. Scott Aalsberg Esq. answered on Mar 30, 2018

No a municipal ordinance is not considered a disorderly persons offense, but can carry jail just like a disorderly persons offense. The only real difference is that a municipal ordinance does not have a criminal record attached to it. Either way you should always have a good lawyer whenever you... Read more »

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1 Answer | Asked in Municipal Law for New Jersey on

Q: Can a township enact an ordinance to exempt nonprofits from construction code fees?

H. Scott Aalsberg Esq. answered on Mar 18, 2018

Probably, Best to ask the townships counsel, but in general I don't see a reason why not.

1 Answer | Asked in Municipal Law for New Jersey on

Q: I got a letter for a court date but when I looked up the complaint # it said 'disposed.' Do I need to show up?

A few months ago, I received a summons for a property I no longer owned. At that time, the case was thrown out. I just received, NOT a summons, but a letter stating my court date changed and it references this previous court case and states that the case was 'disposed.'

I went on to NJ open... Read more »

H. Scott Aalsberg Esq. answered on Feb 23, 2018

You should call the court to confirm what you need to do, but I would personally tell you to show up to the hearing just in case.

1 Answer | Asked in Estate Planning, Real Estate Law and Municipal Law for New Jersey on

Q: I transferred a NJ condo into my LLC without proper dissolution. cant undo cancellation of LLC says NJ. Help!

after I tried to reactivate my LLC I discovered I could not if it was cancelled. not knowing I had a condo under my LLC and now that I am under contract I need to obtain clear title. I was hoping a lawyer can do a quick claim deed but I am not sure if this is the best solution to my problem. it... Read more »

Leonard R. Boyer answered on Jan 30, 2018

You cannot transfer any asset into an LLC that is not active. Your situation will require an in person consultation with an attorney who can review all documents and see what the solution is. If there was a mortgage on the condo, you could have violated the "Due on Sale Clause" which is typical of... Read more »

1 Answer | Asked in Internet Law, Juvenile Law, Libel & Slander and Municipal Law for New Jersey on

Q: As a minor, what New Jersey laws protect my online privacy and to what extent can school search my online history/

As a minor, what New Jersey laws protect my online privacy and to what extent can school search my online history/see? Are they allowed to see what I did and possibly use it against me to hurt me etc? Can they keep my info? Or does it vary school by school. I need to know for my project Thanks a... Read more »

H. Scott Aalsberg Esq. answered on Jan 12, 2018

Several factors can apply but most information posted on the web is public and you have no right to privacy for most public information. If you need more specific information you will need to take an appointment with a lawyer which most will charge you for.

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