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New Jersey Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can a police officer give you a ticket without seeing the violation?

Had an accident, stopped at stop sign, was hit in the rear half of the auto more than halfway thru the intersection. Was mailed a ticket for desregarding stop sign.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 10, 2018

Yes just like a police officer does not need to witness a murder to have you arrested for murder it is the same for any traffic violation, it is through his investigation that he determines guilt.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: is it illegal to have a broken lens cover although headlight is still working properly
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 10, 2018

A judge would most likely consider it to be a violation of failure to maintain equipment

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Follow up too previous question

My previous question was answered a judge doesn't normally say "you win" its either guilty not guilty dismissed. That was my point as to why I assumed it was over as in not guilty. To me that was a very bazaar terminology for a judge to use and it throw me off as I see it did to... View More

Leon Matchin
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answered on Aug 10, 2018

If I were you I would order the transcript of the proceedings first with the court to find out exactly what the Judge said to you and then try to figure out what to do next and which direction to take the case.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: If a judge says you win there's no need to proceed instead of hearing the case misleading then being you back anywsy
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 9, 2018

Generally A judge doesn't just say you win he says guilty, not guilty, or dismissed

2 Answers | Asked in DUI / DWI and Traffic Tickets for New Jersey on
Q: Would this check return a recent DWI arrest in NY that was pled down to a DWAI violation?

Referencing statute 15A:3A-1.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 8, 2018

Almost any check can find any public record and sometimes even indexed on google for everyone to see.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Was issued 2 tickets in NJ, told to pay the minor one and the other would be waived by the officer.

The minor ticket was baseless and false, but the second one, I was guilty of. Called many times since tickets were issued and was ignored and put on hold. The pay by date is coming up and have no word from the cop about the second ticket being waived. It seems obvious it's a scheme to get... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 7, 2018

Cops and Prosecutors promise many things but its the delivery that is rare. I suggest if you want to fight this that you consider hiring a lawyer as the red light ticket in general has 2 points. Without a lawyer you are doomed to lose or at least that is what the statistics say based on the... View More

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: If the car is stationary when pulled over, am I legally allowed to take seat belt off to get my license?

My sister in law was pulled over while driving. In fairness the officer was justified in pulling us over. As he approached, I took off my seat belt to reach for my sister’s bag in the back for her licence.

I was in his field of vision while taking the seat belt off, he then proceeded to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 5, 2018

Yes you're supposed to keep your seatbelt on because you are only stationary because he pulled you over. You should always keep your documents within hands reach to not have this problem again as you got lucky with the warning.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it required to have a rear license plate light in the state on nj?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 5, 2018

Yes in general it is required to have it lighted if the car was so equipped.

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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... View More

Leon Matchin
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answered on Aug 4, 2018

You have to give them notice within 90 days otherwise you are precluded from suing.

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1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Litigation for New Jersey on
Q: Accidentally went forward into someones house, no damage on house or car, left. Can I get in trouble?

Lady claims she filed a report (has a witness that saw it happen), and got my address from the report, appeared on my doorstep saying I had a day or two to call her and work something out.

Will I get in trouble for anything?

Is it legal for her to obtain my address and show up... View More

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

We can't answer all of your questions as we don't know the answer to why you were never contacted if a report was made, other than to say it still may happen and the police have up to 1 year to send you a ticket for certain offenses (most 30 days but some like leaving the scene of an... View More

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.... View More

H. Scott Aalsberg
H. Scott Aalsberg
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 Traffic Tickets for New Jersey on
Q: Hi I was ticketed on Friday for 39:3-4, today I was ticketed again for the same "violation" can I be charged twice ??

Can I be charged the same ticket twice, and if so will I be charged everyday till I A. Hide the motor vehicle or. Second tow it away?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 28, 2018

As long as you own the motor vehicle it is supposed to be registered so yes you could get a ticket everyday and you could get more than one ticket if you drive through another town.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: How loud of a volume can I have an exterior PA system for my car and not get a ticket?
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answered on Jul 27, 2018

If a cop can hear you he will have discretion and authority to ticket. Exterior PA systems are so unusual that you can bet they'll catch the attention of the police which will make you a target.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I lost my littering ticket what should I do?
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answered on Jul 27, 2018

Call the municipal court in the township borough or city where the ticket was issued to you.

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2 Answers | Asked in Small Claims and Traffic Tickets for New Jersey on
Q: i was charged with this violation 39:3-4 which is driving or parking unregistered motor vehicle. I never touched it

my car has been sitting outside parked for over a month since the motor has been dead. I was wondering is the charge is due to the fact that is parked on a public road? or can I argue the fact that I haven't touch or moved the vehicle since a month?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 26, 2018

Any car that is on a public road must be registered and insured. You were actually lucky that the cop did not write you a ticket for abandoned motor vehicle because if the vehicle is not able to be moved and has been sitting on the street for a month that would have been also a proper ticket to... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Would it be illegal for me to use an exterior PA system?

How about having one to use only on private property?

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answered on Jul 26, 2018

It may violate local noise ordinances at the very least. If you have neighbors next to you it'll attract the attention of law enforcement. At very least you'll be going to court for noise complaints. At worst when cops show up at door if they see hear or smell touch or taste anything... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If you get a summons under 39:4-80 while on a probationary license, is it worth pleading not guilty and disputing it?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 23, 2018

Yes certainly, especially if you have a defense, either way you should probably get a lawyer. Just remember in life the old adage, you get what you pay for.

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2 Answers | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: Can a federal rule 12b motion be filed in municipal court for dismissal or is there another motion other then that?

I am trying to file a motion to dismiss a criminal misdomenior case in municipal court. I was told that 12b 1 through 8 are not filed in municipal court. Is there other motion to dismiss motions?

Leon Matchin
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answered on Jul 19, 2018

Federal rules don't apply in municipal court but New Jersey Court Rules 7:1-1, et al do apply so check there.

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3 Answers | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Can i back into my driveway from the street
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 15, 2018

You need to check with your local towns rules.

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2 Answers | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: What do I do.

I missed My court date on June 14 I got into a car accident 11 days prior and totaled my car. I did not have a ride to court the day of and had my two small children with me. I am a single parent. I was then told I have a $750 warrant. The city clerk told me to write a letter to the judge. I was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jul 12, 2018

You could fax the letter to the court at the courts fax number.

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