Need legal advice...

Xenon14

Platinum Member
Oct 9, 1999
2,065
0
0
Was heading down to college... I see a cop pulled someone over on the shoulder, so (foolishly) I conjectured it's the safest time to speed, while all of the cars are pulling into the left lane and slowing down, i passed the cop in the right lane going ~80mph. Needless to say, that ticked him off -- 5-10 mins later he catches up to me (he must've been going 120+mph to catch up) and he was STEAMING mad. I didn't get a ticket for that, but when he caught up to me he was 'pacing' me at 82 mph... in a 65mph zone. Which means 2 things a) i was speeding over 15mph and it's a $102 fine, and b) in 65mph zone price is doubled (so effectively $204). and I think this one is worht 4 points on my record.

My court date is on the 25th (next tuesday).

I'm not sure, but i've heard that NJ has a "first offense" clause... where they will just charge me more money but I will not get any points, since I have never had any moving violations prior to this one.

Does anyone know what I should do and/or how i should plea? I don't mind paying extra cash to avoid points (and parents finding out).

Thanks
 

MedicBob

Diamond Member
Nov 29, 2001
4,151
1
0
Take the points and save the cash. Only if you are willing to slow down a bit, or at least not get caught.

No idea on the NJ 1st timers clause.
 

Siva

Diamond Member
Mar 8, 2001
5,472
0
71
They used to change tickets to unsafe driving so you just pay a little more and get no points. But last time I was in traffic court I heard the laws for unsafe driving have changed, the fine is HUGE now, and your license gets suspended after 3. I am pretty sure you can still take it though, if you don't want the points, just make sure you talk to the prosecutor before you talk to the judge.
 

bharok

Senior member
Jun 19, 2001
401
0
0
im from nj
and have heard that many people get out of their points by going to court
have not had to do it but have heard of sucessful people if that helps
 

no0b

Diamond Member
Jul 23, 2001
3,804
1
0
WOW

You are an idiot if you did that in some states you would lose your liscense.
 

gutharius

Golden Member
May 26, 2004
1,965
0
0
Originally posted by: Xenon14
Was heading down to college... I see a cop pulled someone over on the shoulder, so (foolishly) I conjectured it's the safest time to speed, while all of the cars are pulling into the left lane and slowing down, i passed the cop in the right lane going ~80mph. Needless to say, that ticked him off -- 5-10 mins later he catches up to me (he must've been going 120+mph to catch up) and he was STEAMING mad. I didn't get a ticket for that, but when he caught up to me he was 'pacing' me at 82 mph... in a 65mph zone. Which means 2 things a) i was speeding over 15mph and it's a $102 fine, and b) in 65mph zone price is doubled (so effectively $204). and I think this one is worht 4 points on my record.

My court date is on the 25th (next tuesday).

I'm not sure, but i've heard that NJ has a "first offense" clause... where they will just charge me more money but I will not get any points, since I have never had any moving violations prior to this one.

Does anyone know what I should do and/or how i should plea? I don't mind paying extra cash to avoid points (and parents finding out).

Thanks

Meh, take defensive driving that way you avoid the points and it is cheaper than paying the ticket. You will have to ask the judge for permission to do this instead of paying the ticket and taking the points. if you tell your parents about itt you can tell them you are handling it responsibly by taking defensive driving to avoid the increase in insurance rates. Instead parent pleaser there.
 

Doggiedog

Lifer
Aug 17, 2000
12,780
5
81
Talk to the DA before your appearance.

Make a plea with him that you will pay if they won't give you points.

They will usually do it.

I got a speeding ticket once (only one in 16 years and not really my fault) and went into court to contest it.

Almost everyone there did a plea and got away with no points.

Expect to stay there for a while though. Bring a book.
 

Willy Duet

Member
Jan 14, 2005
99
0
0
What you should do is figure out exactly how far the cop had to drive and how long it took to catch you. If you then figure out that the cop had to have gone over 100 mph or greater just to catch you, mention this to the judge. Then ask the cop how fast he was going to catch you based on where he first saw you. If he says he was going as fast as he really was, point that out to the judge and maybe he'll frown on a cop going that fast in heavy traffic just to catch what he thinks is a speeder and maybe the judge will admonish the cop instead of you. Also point out that if he was issuing a ticket to someone else when he first saw you, he was probably distracted enough not to really know how fast you were going when he first observed you since his undivided attention wasn't on you. If he claims he was going slower than he said, find a physics major to prove that he's lying. You should then be able to get it dismissed since the cop's testimony will no longer be credible. Good luck.
 

ThePresence

Elite Member
Nov 19, 2001
27,727
16
81
You will get raped in NJ. I just went through this crap. NJ has some kinda new law that if you plea bargain a moving violation down to no points, they havve a $250 surcharge added to any other fines and costs that might be incurred.
 

gutharius

Golden Member
May 26, 2004
1,965
0
0
Originally posted by: Willy Duet
What you should do is figure out exactly how far the cop had to drive and how long it took to catch you. If you then figure out that the cop had to have gone over 100 mph or greater just to catch you, mention this to the judge. Then ask the cop how fast he was going to catch you based on where he first saw you. If he says he was going as fast as he really was, point that out to the judge and maybe he'll frown on a cop going that fast in heavy traffic just to catch what he thinks is a speeder and maybe the judge will admonish the cop instead of you. Also point out that if he was issuing a ticket to someone else when he first saw you, he was probably distracted enough not to really know how fast you were going when he first observed you since his undivided attention wasn't on you. If he claims he was going slower than he said, find a physics major to prove that he's lying. You should then be able to get it dismissed since the cop's testimony will no longer be credible. Good luck.

Or you can just take defensive driving and avoid the whole thing...
 

bapace

Senior member
Jul 7, 2004
720
1
0
http://www.state.nj.us/mvc/cit...d_driver_programs.html

Defensive driving program

When you successfully complete a defensive driving course:

you will have learned defensive driving skills. To view a list of state-approved driving schools, visit http://www.state.nj.us/dobi/dmvschl.htm on the Internet or speak with your automobile insurance agent

two points will be removed from your driver record. Call 888.486.3339 for a written driver abstract request form, or 609.292.7500 for your verbal driver history. Also, visit http://www.state.nj.us/mvc/online.html to view your history online.

your insurance company may give you a rate reduction. Call your agent for details
 

bapace

Senior member
Jul 7, 2004
720
1
0
I feel for you. I just hired a lawyer yesterday to get me out of two tickets I got last week, scott free.
 

mcvickj

Diamond Member
Dec 13, 2001
4,602
0
76
In Michigan if you see an emergency vehicle on the side of the road you MUST make every effort to move one lane over. A friend of mine got a pretty hefty ticket for failing to do so.