Essex County Traffic Ticket Defense Lawyer.

Traffic tickets can be surprisingly costly. A single speeding ticket, for example, can have long-lasting consequences. When calculating your chances and costs, don’t think only of fines. You may face, not only the headache of the ticket, but possible suspension of your driver’s license, and an increase in your insurance premiums. Regardless, you should be informed of your options and the potential costs and benefits.

Your ticket is heard in the town where the traffic violation happened. So if the violation happened in Livingston, the matter is heard in Livingston. If it happened in Bloomfield, the matter is heard in Bloomfield. NJ provides you with two options. You can admit that you are guilty, and just pay the ticket. But this can have negative consequences for your license and insurance. If, on the other hand, you contest the ticket, you can plead not guilty and appear in court.

Points, Surcharges, and Risk to the License

A traffic defense lawyer looks at the case in the same way a prosecutor does: what is the evidence the State will present? What are the consequences, including points, surcharges, and risk to the license? No one should accept a deal in Municipal Court until they have looked at all of these factors.

Points for traffic violations vary by offense. Careless driving and running a stop light will each add 2 points to your record. Illegal passing is 4 points. Following too close carries 5 points. And reckless driving is 5 points. Speeding 1 to 14 over the limit gets you 2 points, while 30+ over gets you 5.

NJ will take action against you if you accumulate too many points on your license. And if you have 12 or more points, NJ will suspend your license, though the MVC mails a notice first. Insurance companies may also raise your premiums based on points on your license.

State surcharges are not the same as fines. At 6 points or more within 3 years, the surcharge is $150 per year, plus $25 for each point over 6, for 3 years. Driving with a suspended license is $250 a year for 3 years, or $750 in all. Before you simply plead guilty, you should explore the potential costs for you.

Just as points can be assessed, they can also be taken off. If no further violations occur, points may come off simply with the passage of time. An approved defensive driving course can also remove points from your driving record. Note, however, that the original conviction stays; only the points are removed. The MVC offers the Driver Improvement Program as well. That removes up to 3 points from your record, but it costs $75 plus a course fee.

Municipal Court

If you decide to plead not guilty, what happens next? The procedures can vary by municipality. You also have the right to see the state’s evidence against you before the trial. Your case may be called in open court, or your attorney may consult privately with the municipal prosecutor. A plea bargain may be worked out. The judge may hear arguments, and decide your case.

If your ticket is from Newark, the Municipal Court is at 31 Green Street. Zoom sessions are available, and there is online case resolution. A plea-by-mail form is also available. You can pay some tickets on NJMCDirect, but sometimes online isn’t the best approach.

Cases can be “downgraded”, sometimes with help from the prosecutor, in which case the points assessed will be less, or even zero. Often, it may depend on the strength of the evidence. Some cases can’t be reduced. With a plea agreement, you admit to a different offense. Typically it carries lesser penalties. But not just any plea agreement will do.

Sure, a no-point amended plea can be a good thing, but it doesn’t mean no penalties at all. There may still be a fine, assessments, surcharges, and effects to your driver’s or commercial license. And you should carefully compare the “lesser” charge to the one you were originally charged with, before deciding.

In a traffic case, the police officer may testify in court to support the charge. But the municipal prosecutor may offer even more than that. Body-cam or dash-cam video, for example, or radar or lidar records may be introduced. Calibration and maintenance records are sometimes part of the evidence. The officer’s training, or the layout of the intersection, may be important as well. Eyewitnesses may testify as well.

When speeding is the offense, there can be different issues. How was the speed measured? Where was the officer? Were there records of the equipment’s proper setup and maintenance? Did the officer properly identify the vehicle that was speeding? These are all questions that may be important.

But what about things like careless or reckless driving? Here it’s important to remember that careless and reckless are separate charges. They carry different points, and they have different standards. If an accident happens or a bad move gets attention, that doesn’t prove every element of the charge. Video, eyewitnesses, the road itself, and visibility, all may matter.

There are cases where things are more serious. In addition to fines and points, there are cases that can result in jail time. Driving under the influence (DUI), for example, is typically heard in municipal court. DUI is a motor vehicle offense in New Jersey, not a crime, but don’t let that fool you. The penalties can be harsh. Jail, for example, is possible. Other motor vehicle offenses that sometimes can lead to jail include reckless driving, leaving the scene, and driving while suspended.

The Effects of This Particular Ticket

Think about not just the points themselves, but your whole driving record. Think about the effects of this particular ticket, and how it may affect your driving record and your insurance. Someone with a clean record may see different results than someone who already has points or a past suspension. Commercial drivers face consequences that are different from other drivers, and they need to be extra careful. Think about your job.

If you are convicted, it may be possible to appeal. But the municipal court must receive your notice of appeal within 20 days of conviction, and weekends and holidays are counted. So don’t delay if you wish to appeal.

Explore your options before you plead guilty to a traffic charge. Speak with an attorney and determine your options.