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New Jersey Traffic Tickets Questions & Answers
2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over but not issued a ticket. A week later, I received a court date in the mail. Still no ticket.

I don't have a license but he told me to park it and not drive home. That was it. How should I proceed?

Mark Cheser
Mark Cheser
answered on Nov 27, 2017

I suggest an attorney. No less censor can have a surcharge for three years. If the charge can be downgraded, more information is needed there, it would save the attorney fee maybe more. If you are underage that is a different situation but an attorney may help that as well.

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2 Answers | Asked in Criminal Law, Employment Law, Traffic Tickets and Workers' Compensation for New Jersey on
Q: shoplifting amended

I was arrested on charges of shoplifting. The charges were dismissed and amended to a municipal ordinance. Since the conviction was dismissed and amended to a municipal ordinance this would not be a moral turpitude crime?

municipal ordinance petty offense? Moral Turpitude???

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 25, 2017

For immigration purposes it could be and it would depend on the wording of the ordinance AND what was admitted to in the plea. Thus the reason to make sure you have a lawyer that knows both criminal and immigration law when you are an immigrant in trouble with the law.

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2 Answers | Asked in Traffic Tickets and Municipal Law for New Jersey on
Q: What's the difference between passenger non-commercial vans and commercial vans?
Mark Cheser
Mark Cheser
answered on Nov 25, 2017

All commercial vehicles have separate regulations. Otherwise more information is needed.

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2 Answers | Asked in Traffic Tickets, Car Accidents and Juvenile Law for New Jersey on
Q: I'm a minor, 15 years of age. I took my parents car out last night without any permit or license and I crashed the car.

the cops charged me with unlicensed driving, will I have to go to juvenile detention?

Mark Cheser
Mark Cheser
answered on Nov 24, 2017

No but you will not get your license for at least 6 months after everyone else.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If it is a payable offense and I pay the fine do I receive points?

65 in a 50 $105 payable offensive

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 23, 2017

Yes it is a 4 point ticket. To eliminate all 4 you will need a good lawyer.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can I go to court without a parent present, can I talk to the prosecutor ahead of time,if I pay the fine how many points

I am 17 and got a ticket for 65 in a 50 on the way home from my fire fighter class.

Mark Cheser
Mark Cheser
answered on Nov 22, 2017

Yes you can negotiate with the prosecutor. You face 4 points Joe you can get it to 2.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: the police only put 39:4-32 pedestrian crossing roadway.. what i have to do in court? please thx
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 22, 2017

Go into Court with Counsel or go in yourself and talk to the prosecutor and see if able to get anything reduced or if just a fine.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: what is violation 10-107D IN NEWARK, NJ

Want to know what fine is for this violation

Mark Cheser
Mark Cheser
answered on Nov 22, 2017

I do not know either. It is an ordinance and not in the general books. Some Newark ordinances carry points some how. I did not know that either but was informed on this site. Best to call Green Street (good luck in that) or go down there and ask st the violations window or on the third floor... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: i was driving when the person start crossing by the other side .police give me one ticket and court 39:4-32 is point?

was in two lines

Mark Cheser
Mark Cheser
answered on Nov 22, 2017

This citation is for violating the duties owed to a pedestrian in a crosswalk. It does not have penalties but the companion statute 4-36 imposes 2 points.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: If in a situation where you feared for your safety, and receive a ticket 39:4-89. Is it worth fighting in court
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 20, 2017

Not sure how you can justify tailgating at safety for life. I would not try fighting for that. You can plead not guilty and then see if the prosecutor will plead it down from the five point violation.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My son is a new driver. He got a speeding ticket, paid the $200 fine and has 4 points now. Can we reopen the case?

Hoping to plea it down and lose at least 2 points.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 20, 2017

You can file a motion to reopen and if approved you may get what you want.

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1 Answer | Asked in Car Accidents, Personal Injury and Traffic Tickets for New Jersey on
Q: Negligent Collison. Points?

Is it possible to have a negligent Collison and not recieve points. How do you know if you got into a negligent Collison. I am reviewing a driver's abstract I have 2 accidents no points.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 19, 2017

You don't get a ticket and thus points for negligent driving from MVC as that is a civil matter not a traffic matter. What you can get tickets for are specific infractions such as careless driving, failure to observe a light etc, etc. But remember you can get points from MVC and from your... View More

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Will it give me points or raise my insurance if just pay it online

My vechile was towed then I received this ticket in the mail The offense is 39:4-56.6 i want to pay It to get it over with but will it give my license points or raise my car insurance

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 18, 2017

No, you should not have points placed on your license. Not sure about insurance but I do not think so..

Here is the text of the statute you cited

Justia US Law US Codes and Statutes New Jersey Revised Statutes 2016 New Jersey Revised Statutes Title 39 - Motor Vehicles And...
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1 Answer | Asked in Criminal Law and Traffic Tickets for New Jersey on
Q: 2C:52-11B(1) charges amended question

I was charged with 2C:52-11B (1) My charge was amended to violation of municipal ordinance 271-1a Loitering. It was expunged, my question is now. Did i shoplift?

Answer at your own capacity.

The specific question is did I shoplift?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 18, 2017

What you did and what you have been convicted of are two different questions and yes you may have shoplifted but the law will look at it as a conviction for loitering. That being said with an expungment the general public will not see anything from the date of the expungment except what may be... View More

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: MD doesn't recognize points for an out of state traffic violation. If I switch my license to NJ will the points show up?

I have a Maryland license right now. I got a ticket for going 70 in a 65 in Delaware. The 2 points that I would have gotten in Delaware do not transfer to Maryland. So I want to pay the fine in Maryland, and receive no points. If I transfer my license to New Jersey will those 2 Delaware points... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 16, 2017

Best to ask this question to your insurance company as they determine rates and what they will charge you. As for points all out of state violations reported to NJ are charged as 2 points on your license.

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3 Answers | Asked in Criminal Law, Family Law and Traffic Tickets for New Jersey on
Q: Harassment Charge. 2c:33-4

I filed for a restraining order that was accepted and policed charge my ex with 2c:33-4. In return my ex three days later went to law enforcement and had me charged with 2c:33-4 as well. I was never arrested for this allegation or contacted by police. I had no idea this charge was on my record till... View More

James A. Abate
James A. Abate
answered on Nov 15, 2017

You would need to petition the Superior Court to expunge your arrest record. While you say "i was never arrested", the appearance of a charge is synonymous with an arrest.

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Traffic Tickets for New Jersey on
Q: 2c:33-4 Harassment.

In 2009, I filed for a restraining order that was accepted by police against my ex girlfriend. She was charged with harassment as well. She went and reported harassment against myself. I went to the police station today and wanted to see if anything was on my record. It says I was charged with... View More

James A. Abate
James A. Abate
answered on Nov 15, 2017

First you are confusing a charge with a conviction. If you were charged the record would still remain even if the charges were dismissed. Second you are confusing the criminal and TRO charges. There are different systems. The criminal case history is showing you were charged with a criminal... View More

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it true that after 30 days, a police officer cannot write you a ticket for an offense ? My situation is tricky.

I was pulled over for speeding on the turnpike. A trooper pulled me over and said he was letting me off with a warning, but also slipped in a seatbelt ticket. I had my seatbelt on, I think this was his idea of a light punishment. If I go to court to fight the seatbelt ticket, and the court date is... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 15, 2017

The statute of limitations for most tickets if 30 days, BUT some tickets have a longer SOL, thus best to pay the ticket and send a thank you note to the police officer.

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1 Answer | Asked in DUI / DWI, Criminal Law and Traffic Tickets for New Jersey on
Q: What would be the penality for being on a deferred sentence and getting a DUI?

My boyfriend had to plea guilty for a break in that he wasn't a part of. His friend placed blame on him, and his lawyer said the best bet was to plead guilty and get a deferred sentence. The sentence is almost over in a couple of months, however he got pulled over for a broken headlight after... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 15, 2017

You need to ask his Oklahoma lawyer as he will know the penalties for his violation if any that a DWI will cause because with a refusal you have to assume the worst and that he will lose.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for New Jersey on
Q: In NJ does a motorist (or passenger?) have the right to record interactions with police?

Is L.E. allowed to make you stop recording?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 13, 2017

In general you can record any conversation so long as it would not interfere with a police investigation, arrest etc, so that would be the main question.

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