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RE: A question for folks from New Jersey - 11/3/2014 2:18:43 PM

Blonderfluff

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quote:

ORIGINAL: littleladybug

quote:

ORIGINAL: smileforme50

And if he doesn't show up....does the ticket automatically get dismissed? That's what someone suggested to me.....but I find that hard to believe.

I would actually be interested to hear about this from someone with knowledge of traffic court. I've been thinking, of late, that this is just an urban myth, for the most part.

I know that this becomes an issue with criminal cases...but in terms of moving violations, I would suspect that a court would take what is written on the ticket as the officer's testimony. I'm sure that there are times when there are legitimate questions...but for the most part, I would suspect that if an officer writes on a ticket...for example...that someone was doing 75 in a 60 zone...it simply is what it is.

I know, here in Washington, when someone gets a speeding ticket, there's a place for the officer to indicate "actual speed". My Dom got a ticket in one of the zones where I5 goes from 60 to 70 MPH. And, while we all know that cops "hang out" in those places.... his ticket indicated that he was actually going 75 in a 60- when he was actually given the ticket for 65 or something like that. This leads me to believe that cops do NOT have to be at any hearing for a ticket like this. And, I would assume (I know...that can be bad) that if someone brought up an issue like the speed gun being mis-calibrated, that they would just continue the hearing, and give the officer notice that he needed to be there.

Urban myth. The cops show 99% of the time.
Yes, in NJ, left lane is only for 'passing'.
Usually, if you do go to court to contest a ticket, they may reduce the points on your license, but the fines stand.
No sense consulting or bringing a lawyer. Bring a lawyer to traffic court, you piss everyone off. For a $185.00 ticket, lawyers fees will be much higher than just the fine, and the judge will most likely nod a lot, and change nothing. Traffic court is all about getting people in and out quickly. Hold them up on a 2 point violation by bringing a lawyer, you'll get to keep the points on your license as well.
In NJ, the points are very costly. Our auto insurance is insanely, ridiculously expensive. Any points jack that even higher.

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RE: A question for folks from New Jersey - 11/3/2014 2:54:45 PM

smileforme50

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quote:

ORIGINAL: Blonderfluff

I

quote:

ORIGINAL: littleladybug

quote:

ORIGINAL: smileforme50

And if he doesn't show up....does the ticket automatically get dismissed? That's what someone suggested to me.....but I find that hard to believe.

I would actually be interested to hear about this from someone with knowledge of traffic court. I've been thinking, of late, that this is just an urban myth, for the most part.

I know that this becomes an issue with criminal cases...but in terms of moving violations, I would suspect that a court would take what is written on the ticket as the officer's testimony. I'm sure that there are times when there are legitimate questions...but for the most part, I would suspect that if an officer writes on a ticket...for example...that someone was doing 75 in a 60 zone...it simply is what it is.

I know, here in Washington, when someone gets a speeding ticket, there's a place for the officer to indicate "actual speed". My Dom got a ticket in one of the zones where I5 goes from 60 to 70 MPH. And, while we all know that cops "hang out" in those places.... his ticket indicated that he was actually going 75 in a 60- when he was actually given the ticket for 65 or something like that. This leads me to believe that cops do NOT have to be at any hearing for a ticket like this. And, I would assume (I know...that can be bad) that if someone brought up an issue like the speed gun being mis-calibrated, that they would just continue the hearing, and give the officer notice that he needed to be there.

Urban myth. The cops show 99% of the time.
Yes, in NJ, left lane is only for 'passing'.
Usually, if you do go to court to contest a ticket, they may reduce the points on your license, but the fines stand.
No sense consulting or bringing a lawyer. Bring a lawyer to traffic court, you piss everyone off. For a $185.00 ticket, lawyers fees will be much higher than just the fine, and the judge will most likely nod a lot, and change nothing. Traffic court is all about getting people in and out quickly. Hold them up on a 2 point violation by bringing a lawyer, you'll get to keep the points on your license as well.
In NJ, the points are very costly. Our auto insurance is insanely, ridiculously expensive. Any points jack that even higher.

do I

So fluff....what do you think? Should I just suck it up and pay the fine and take the points.....or do I have a decent chance of getting things reduced if I show up in court....especially since I'm not from NJ?

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RE: A question for folks from New Jersey - 11/3/2014 3:21:39 PM

searching4mysir

Posts: 2757
Joined: 6/16/2011
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quote:

ORIGINAL: smileforme50

quote:

ORIGINAL: Blonderfluff

I

quote:

ORIGINAL: littleladybug

quote:

ORIGINAL: smileforme50

And if he doesn't show up....does the ticket automatically get dismissed? That's what someone suggested to me.....but I find that hard to believe.

I would actually be interested to hear about this from someone with knowledge of traffic court. I've been thinking, of late, that this is just an urban myth, for the most part.

I know that this becomes an issue with criminal cases...but in terms of moving violations, I would suspect that a court would take what is written on the ticket as the officer's testimony. I'm sure that there are times when there are legitimate questions...but for the most part, I would suspect that if an officer writes on a ticket...for example...that someone was doing 75 in a 60 zone...it simply is what it is.

I know, here in Washington, when someone gets a speeding ticket, there's a place for the officer to indicate "actual speed". My Dom got a ticket in one of the zones where I5 goes from 60 to 70 MPH. And, while we all know that cops "hang out" in those places.... his ticket indicated that he was actually going 75 in a 60- when he was actually given the ticket for 65 or something like that. This leads me to believe that cops do NOT have to be at any hearing for a ticket like this. And, I would assume (I know...that can be bad) that if someone brought up an issue like the speed gun being mis-calibrated, that they would just continue the hearing, and give the officer notice that he needed to be there.

Urban myth. The cops show 99% of the time.
Yes, in NJ, left lane is only for 'passing'.
Usually, if you do go to court to contest a ticket, they may reduce the points on your license, but the fines stand.
No sense consulting or bringing a lawyer. Bring a lawyer to traffic court, you piss everyone off. For a $185.00 ticket, lawyers fees will be much higher than just the fine, and the judge will most likely nod a lot, and change nothing. Traffic court is all about getting people in and out quickly. Hold them up on a 2 point violation by bringing a lawyer, you'll get to keep the points on your license as well.
In NJ, the points are very costly. Our auto insurance is insanely, ridiculously expensive. Any points jack that even higher.

do I

So fluff....what do you think? Should I just suck it up and pay the fine and take the points.....or do I have a decent chance of getting things reduced if I show up in court....especially since I'm not from NJ?

I live in NJ and I would suck it up and pay the fine if it wasn't going to affect my insurance too much. Keep in mind that if you try to fight it you'll have to pay court costs, plus your time, the mileage to/from court, etc.

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RE: A question for folks from New Jersey - 11/3/2014 3:25:13 PM

tj444

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quote:

ORIGINAL: smileforme50
but a friend got huge speeding ticket in N. Virginia. His lawyer said that the police "target" out of state plates because they are less likely to fight it and take it to court. I have a feeling that is what happened there.

yeah, and in some cities the cops target out of town plates for asset forfeiture a lot too.. you should feel lucky he didn't ask you if you had any cash on you and then take it away from you (which they can do without charging you with any crime).. now that costs around $15 to 20k to hire a lawyer to fight them to get your money back..

When I drive, I don't go anything more than 5 miles over the speed limit and yeah, I usually drive on the right side except to pass.. if someone was riding my ass, I wouldn't speed up, I would change lanes and let they speed on by and let the cops have em..

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RE: A question for folks from New Jersey - 11/3/2014 3:31:50 PM

KYsissy

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If you go to court, look for a lawyer working the hallway. I got a speeding ticket and 30 minutes before court he approached me and asked about why I was there. He said he can get it reduced to something minor and a small fine. He wanted $75, I had $55 on me. "Close enough" I left and had court fees of $100. Nothing reportable to the insurance co.

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RE: A question for folks from New Jersey - 11/3/2014 3:34:08 PM

DesFIP

Posts: 25191
Joined: 11/25/2007
From: Apple County NY
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quote:

ORIGINAL: smileforme50]
And if he doesn't show up....does the ticket automatically get dismissed? That's what someone suggested to me.....but I find that hard to believe.

That's true. If the arresting officer or ticketing one isn't there to give first hand evidence against you, it gets dismissed. Because if you were an attorney and decided to fight it, you would have the right to cross examine the person giving evidence. Can't do that if there's no one there to question.

But yes, I wouldn't bother to call an attorney unless you're a professional driver and need a perfectly clean license. Go, explain that you don't want the points and they should be amenable to lowering it.

In future, don't speed to pass everyone and if some idiot does sit on your tail, move over to let him be the speeder instead.

Don't know about Jersey or Delaware, but in NY you can take a course on defensive driving which will reduce points. Your insurance agent may know of some.

< Message edited by DesFIP -- 11/3/2014 3:56:02 PM >

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RE: A question for folks from New Jersey - 11/3/2014 3:47:20 PM

amativedame

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quote:

ORIGINAL: smileforme50

Ok.....now I had no idea that New Jersey had such a rule....because Delaware doesn't have this rule (Although I found out that Pennsylvania just started it recently)
Plus....I can understand passing people who are going below the speed limit, and I understand WANTING to pass people who are driving at or just above the speed limit....but I have to ask....doesn't the speed limit still apply to all lanes of the road and even if you are in the left lane, isn't it still illegal to go over the speed limit? Meaning....if the person ahead of you is already doing 70 mph in a 55 or ever 65 mph zone.....you shouldn't NEED to pass them.
I don't know if I explained myself very well there....but what I was getting at was.....if I was already breaking the speed limit by doing 75+ and passing people in the right lane, why should anyone need to pass me? It seems to me that by having this rule, they are just encouraging more people to break the speed limit

$185.00 (plus 2 points)

I got a tightness in my chest and almost choked. Holy shit. They have GOT to be kidding!

So....what I wanted to ask anyone around here who might be familiar with New Jersey traffic court and violations and such....if I went to court to fight this.....what are the chances that the cop will actually show up to the hearing? Or do I have a decent shot of him not showing up so that it gets dismissed? Do I have any defense in the fact that there are no signs on the road telling people about this rule?

Or am I just screwed and should just pay it so I don't end up paying court costs too?

As much as I don't want to pay the $185.00 my main concern is getting points on my license.....I really don't want my insurance rates going up. If it wasn't for the 2 points, I probably would just pay it.

So....do you think I should go to court.....or just pay it?

NJ does have a specific law for this, but it is also mentioned in most driving manuals. Left lane is always intended for passing. Yes it is often used like another lane but it isn't meant for that. You can even read this on go 84 of the Delaware driving manual. If it will not affect your insurance I would honestly just pay it. Saying you didn't know the law doesn't mean it will get thrown out.

Consider yourself lucky, I had a 35 cent toll on the parkway become over 100 dollars all because I did not have exact change and it was not a manned post. Your lucky, the speeding ticket would have been four points I think... so he did in some respects do you a favor. There is a chance you will still have the points and be out court fees but travel costs.

< Message edited by amativedame -- 11/3/2014 3:50:14 PM >

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RE: A question for folks from New Jersey - 11/3/2014 3:47:29 PM

Blonderfluff

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Not gonna uber quote.

If it's not a huge pain in the ass, I'd go to court, just to try and get the points gone. But no lawyer, and just starte your case quickly and concisely. Especially since you are a newly re-licensed driver. If it's a pita to get to court? Yeah. Just suck it up and pay the fine. Unfortunately, they got ya.

I'm a firm believer in time and aggravation being as valuable as actual money. Sometimes it's worth the money, to get rid of it clouding up your thoughts. Lol.

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RE: A question for folks from New Jersey - 11/3/2014 3:51:40 PM

KYsissy

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"I'm a firm believer in time and aggravation being as valuable as actual money. "

I think a lot of judges see it that way as well.

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RE: A question for folks from New Jersey - 11/3/2014 5:06:20 PM

smileforme50

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(Just for clarification.....I did not make the statement about having a friend in N Virginia)

quote:

ORIGINAL: tj444

quote:

ORIGINAL: smileforme50
but a friend got huge speeding ticket in N. Virginia. His lawyer said that the police "target" out of state plates because they are less likely to fight it and take it to court. I have a feeling that is what happened there.

yeah, and in some cities the cops target out of town plates for asset forfeiture a lot too.. you should feel lucky he didn't ask you if you had any cash on you and then take it away from you (which they can do without charging you with any crime).. now that costs around $15 to 20k to hire a lawyer to fight them to get your money back..

When I drive, I don't go anything more than 5 miles over the speed limit and yeah, I usually drive on the right side except to pass.. if someone was riding my ass, I wouldn't speed up, I would change lanes and let they speed on by and let the cops have em..

I guess it's a good thing I never carry more than $10 on me.....

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RE: A question for folks from New Jersey - 11/3/2014 5:19:16 PM

smileforme50

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quote:

ORIGINAL: Blonderfluff

Not gonna uber quote.

If it's not a huge pain in the ass, I'd go to court, just to try and get the points gone. But no lawyer, and just starte your case quickly and concisely. Especially since you are a newly re-licensed driver. If it's a pita to get to court? Yeah. Just suck it up and pay the fine. Unfortunately, they got ya.

I'm a firm believer in time and aggravation being as valuable as actual money. Sometimes it's worth the money, to get rid of it clouding up your thoughts. Lol.

Well....the travel won't be a problem because I'm going to be in NJ to visit those same friends again that day anyway. I just wish I knew what the odds were for a likely outcome and how much it's going to cost me.

I did talk to my insurance agent and she couldn't tell me how much these two points will affect my insurance rate....but she did say that if I take a defensive driving class before my policy gets renewed next May, that could take the points off and then my insurance rate won't be affected. So now I'm thinking it might be best to NOT go to court....because if I go to court I could end up paying a fine PLUS court costs. ARGH!!

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RE: A question for folks from New Jersey - 11/6/2014 12:27:44 PM

Darkfeather

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NJ has some of the harshest traffic violation statutes I have seen. The main reason, I suppose, is that the state is a main artery for through traffic going either north or south. As for the left lane rule, it has been in effect here in NJ for decades. In fact, it is quite the revenue generator of the state, since most drivers in state or just passing through, seem to ignore this rule. Basically, you cannot stay in the left lane, for any reason. The left lane is strictly for passing other traffic, and once you have spent a "reasonable" amount of time in this lane, you are required to merge back into the slower lanes. Us old school NJ drivers have always known the left lane by it's moniker, the passing lane. As for speeding, and him doing you the favor. Believe me he did. NJ speeding fines can exceeded 400$ or more, depending on extra circumstances. As well as points attached.

NJ points system, also a revenue generator. The reality, you get even one point on your license, your insurance goes up for the length of time that point is on you. NJ does have a grace period, where if you do not accumulate any more, you lose 3 after one year. You can also reduce points by going to traffic school (yet another revenue generator). Why the fuss about points, in NJ if you have 12 or more points, your license is suspended. Period. Insurance surcharges vary by company, but the standard starting point seems to be 150$ (different violations earn you more fees). That is 150 bucks a year for as long as you have points on your license.

As for speeding, it all depends on you: the driver, and the officer pulling you over. By law, you can get a speeding ticket for simply doing one mile above the posted limit. Most times however, you will get pulled over if you are "consistently" speeding. This is where the officer gauges your speed from when he first sees you, to when he pulls you over. There is one down side to fighting tickets, especially if your violation is in question. Losing the case can and will result in all maximum fees levied against you. I would look at the NJ statutes for moving violations, to see just how many they can tack onto a simple speeding ticket (not to mention quite a few ways to double fines).

What should you do? Just like everything else in life, you roll the dice and take your chances. Me personally, I would pay the 185 and work hard to get the points off. That is simply because if you fight it and lose, you could be looking at thousands in fees, surcharges, points, and all that fun stuff. Could you hire a lawyer, sure. But then all that money goes to pay him instead of the fines.

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