Traffic/Motor Vehicle Law
It is important to understand that there are certain traffic violations, which have very serious consequences in New Jersey. Certainly, most people know the consequences of a dwi, dui or drunk driving conviction. Most people know that, in New Jersey, under the old law which was modified as of January 22, 2004, the first conviction for drunk driving had a minimum of 6 months suspension of driving privileges, a fine and a stay at an Intoxicated Driver Resource Center for a total of 12 hours over two days; a second conviction had a two year suspension of driving privileges and a 24 hour stay at an Intoxicated Driver Resource Center for purposes of evaluation and a larger fine; and a third or subsequent conviction for drunk driving had a ten year suspension of driving privileges, among other rather severe penalties. Now, for a second violation, a person shall be required to install an ignition interlock device or shall have his registration certificate and registration plates revoked for two years, in addition to the aforementioned driver's license suspension. Now, for a third or subsequent violation, a person shall be required to install an ignition interlock device or shall have his registration certificate and registration plates revoked for ten years, in addition to the aforementioned driver's license suspension. Under the old dwi law, one could be found guilty based upon proof beyond a reasonable doubt that a defendant had a blood alcohol content of .10 percent by weight. Under the new dwi law, proof beyond a reasonable doubt that a defendant had a blood alcohol content of .08 by weight is the standard of proof for finding a driver guilty of being under the influence of alcohol when operating a motor vehicle. The punishment for second and third or subsequent to third offender violations is virtually the same as under the old law, but for a first offender there are different levels of punishment. A first offender with a .08 but less than a .10 blood alcohol content by weight suffers a three month loss of driving privileges. A first offender, with a blood alcohol content by weight of .10 or more, suffers at least a seven month loss of driving privileges but no more than a one year loss of driving privileges. UNDER THE NEW LAW, A THIRD CONVICTION FOR DRUNK DRIVING/DUI/DWI REQUIRES A JAIL SENTENCE UNLIKE THE PRIOR LAW; WHERE ALTERNATIVES SUCH AS HOME CONFINEMENT, WORK RELEASE OR ENTERING AN INPATIENT ALCOHOL REHABILITATION PROGRAM WERE AVAILABLE. BEING CHARGED WITH A THIRD DRUNK DRIVING/DUI/DWI MEANS THAT YOU MUST FIGHT AGAINST BEING CONVICTED BECAUSE. IF CONVICTED YOU WILL BE REQUIRED TO SERVE AT LEAST 90 DAYS IN JAIL, in New Jersey.
What most people probably do not know is that, in New Jersey, eluding the police is a very serious offense. In fact, it is a criminal offense to flee or attempt to elude a police or a law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a stop. N.J.S.A. 2C:29-2(b) makes it a third degree offense, punishable by up to five years imprisonment, to knowingly flee or attempt to elude any police or law enforcement officer as aforementioned and makes the aforementioned conduct a crime of the second degree if flight or the attempt to elude creates a risk of death or injury to any person. It is permissibly inferred that the flight or attempt to elude creates a risk of death or injury to any person if the person's conduct involves a violation of Chapter 4 of Title 39, such as careless or reckless driving or operating a vehicle at an excessive speed or operating a vehicle or vessel against traffic.
A third degree crime has, among other penalties, a maximum period of imprisonment of five years and a second degree crime has a maximum period of 10 years with the presumption of imprisonment, in New Jersey.
Operating a motor vehicle registered or principally garaged in the State of New Jersey without the required motor vehicle liability insurance coverage is a violation of N.J.S.A. 39:6B-1 and the violation of same has some rather severe penalties pursuant to N.J.S.A. 39:6B-2. For a first offense, there is a fine of not less than $300 and no more than $1,000; a period of community service to be determined by the court; and the forfeiture of the right to operate a motor vehicle over the highways of the State Of New Jersey for a period of one year from the date of conviction. Upon subsequent conviction, one violating this particular law is subject to a fine of up to $5,000 and a period of imprisonment of 14 days and 30 days community service. After the expiration of this particular period of the forfeiture of driving privileges for a second offense, the offender must make application to the Director of the New Jersey Division of Motor Vehicles for a license to operate a motor vehicle which application may be granted at the discretion of the Director.
A violation of N.J.S.A. 39:4-56.5, which is entitled"Abandonment of Motor Vehicles" makes it unlawful for any person to abandon a motor vehicle on or along any highway other than a limited access highway or other public property or on any private property. A vehicle, which has remained on or along any highway or other public property or on private property without such consent for a period of more that 48 hours or for any period without current license plates shall be presumed to be an abandoned vehicle. Any person violating this section of the Motor Vehicle Code is subject, for a first offense, to a fine of not less than $100 nor more than $500 and the suspension of his license or driving privileges by the director of the New Jersey Division of Motor Vehicles for not more than two years. For any subsequent offense such an offender shall be subject to a fine of not less than $500 or more than $1,000 and his license or driving privileges shall be either suspended or revoked for a period of not more than five years, in New Jersey.
N.J.S.A. 39:4-129 provides penalties for anyone found guilty of failing to immediately stop his or her vehicle at the scene of an accident or as close thereto as possible or forthwith returning to and in every event remaining at the scene until he has fulfilled the requirement of exhibiting his driver's license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident and to the driver or occupants of the vehicle collided with and to render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or physician for medical or surgical treatment if it is apparent that the treatment is necessary or is requested by the injured person. The penalties are a one year period of suspension of the right to operate a motor vehicle over the highways of the State Of New Jersey, a fine of not less than $500 nor more then $1,000 or imprisonment for 180 days, or both where the offender's vehicle is involved in an accident resulting in injury or death to any person other than the driver. For a second offense, involving injury or death, the driver shall permanently lose the right to operate a motor vehicle in the State. Where the accident results in only damage to a vehicle including the offender's own vehicle or other property, which is attended by any person, there is a fine of not less than $200 nor more than $400 or imprisonment for a period of not more than 30 days or both for a first offense and for a subsequent offense, a fine of not less than $400 and no more than $600 and imprisonment for a period of not less than 30 days nor more than 90 days or both, in addition to a six month driver's license suspension.
Being charged with a traffic offense can be a very serious matter.
For all cases in the Municipal Courts of New Jersey, you have the following rights:
- The right to know the accusation against you;
- The right to remain silent concerning your accusation (remember, anything you do say may be used against you);
- The right to retain an attorney of your choice;
- The right to a reasonable postponement to retain an attorney or prepare your defense which includes the right to subpoena witnesses on your behalf for trial;
- The right to testify or not testify on your behalf and a decision not to testify cannot be used against you
- The right to a trial before a Municipal Court Judge with the right to cross examine witnesses against you and present a defense on your behalf.
Defense by Affidavit or Certification Program - We Go to Court if You Live Out of Area or Cannot Appear for Court
Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Affidavit Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
The following are tickets we have handled without our clients having to appear because they were not available. Our attorneys can appear on your behalf without you having to go to court on the following matters: Violation Points
# 27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
# 27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 39:3-20 Operating constructor vehicle in excess of 45 mph 3
# 39:4-14.3 Operating motorized bicycle on restricted highway 2
# 39:4-14.3d More than 1 person on a motorized bicycle. 2
# 39:4-35 Failure to yield to pedestrian in crosswalk. 2
# 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
# 39:4-41 Driving through safety zone. 2
# 39:4-52 Racing on Highway 5
# 39:4-55 Improper action or omission on grades and curves 2
# 39:4-57 Failure to observe directions of officer. 2
# 39:4-66 Failure to stop before crossing sidewalk 2
# 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
# 39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
# 39:4-71 Improper driving on sidewalk 2
# 39:4-80 Failure to obey direction of officer 2
# 39:4-81 Failure to observe traffic signal 2
# 39:4-82 Failure to keep right 2
# 39:4-82.1 Improper operating of vehicle on divided highway or divider 2
# 39:4-83 Failure to keep right at intersection 2
# 39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
# 39:4-85 Improper passing on right or off roadway 4
# 39:4-85.1 Wrong way on one-way street 2
# 39:4-86 Improper passing, in No Passing zone 4
# 39:4-87 Failure to yield to overtake vehicle 2
# 39:4-88 Failure to observe traffic lanes 2
# 39:4-89 Tailgating 5
# 39:4-90 Failure to yield at intersection 2
# 39:4-90.1 Failure to use proper entrances to limited access highway 2
# 39:4-91, Failure to yield to emergency vehicle 2
# 39:4-96 Reckless driving 5
# 39:4-97 Careless driving 2
# 39:4-97a Destruction of agricultural or recreational property 2
# 39:4-97.1 Slow speed blocking traffic 2
# 39:4-98 or Speeding up to 14mph above limit 2
# 39:4-99 Speeding 15-29 mph above limit 4
# Speeding 30 mph or more above limit 5
# 39:4-105 Failure to stop at traffic light 2
# 39:4-115 Improper turn at traffic light 3
# 39:4-119 Failure to stop at flashing red signal 2
# 39:4-122 Failure to stop for police whistle 2
# 39:4-123 Improper right or left turn 3
# 39:4-124 Improper turn: from approved turning course 3
# 39:4-125 Improper u-turn 3
# 39:4-126 Failure to give proper signal 2
# 39:4-127 Improper backing or turn in street 2
# 39:4-127.1 Improper crossing of railroad grade crossing 2
# 39:4-127.2 Improper crossing of bridge 2
# 39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
# 39:4-128.1 Improper passing of school bus 5
# 39:4-128.4 Improper passing of frozen dessert truck 4
# 39:4-129 Leaving scene of accident- No injuries 2
# 39:4-129 Personal Injury 8
# 39:4-144 Failure to observe of stop or yield signs 2
Please call us immediately if you need experienced legal representation in a traffic/municipal court matter.
Upon request, we provide all potential clients with:
- Our Written Agreement to Provide Municipal Court Legal Services
- Municipal Court Information Sheet
We request all potential clients fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Venmo (@fred-goetz); Visa; Master Charge; Discover; or, American Express - over the phone and/or by fax/email. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation and Discovery Request to the Court, Prosecutor and you. We recommend our clients teleconference with us at least once prior to the court date.
After we are retained [paid], we can also draft an Defense by Affidavit for our client if you live or attend school outside of New Jersey. The Affidavit will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendants Address
In our detailed Court Affidavit, the client will need to reasonably indicate to the court the following: It would be an undue hardship for me to appear in person for trial (And Why…). I understand my right to a reasonable postponement and waive my right to be present at the trial. I understand that if I plead NOT GUILTY, the judge will hear the testimony of the complainant or other witnesses. If I plead GUILTY, the judge may hear such testimony. I agree to abide by the judgment of the court. I understand that if convicted, for other than a parking offense, a record of same will be sent to the Division of Motor Vehicles which issued my license.
In this situation, if our client authorizes us to enter a plea to a lower point violation. Our Law Office will prepare the Defense by Affidavit and mail it to our client.
Our clients must read the Defense by Affidavit carefully. If any changes are required, our client must make the changes in ink on the form directly and immediately sign in front of a notary and return it to our office. If the hearing date is less than 10 days away, we recommend our client send the signed Affidavit by Federal Express or UPS.
CALL THE COURT AFTER THE HEARING DATE
On the day of the court session or next morning, you should call the court directly to determine the specific reduced charge and the total fine and cost. You should also ask the court who your check should be made payable to and the address for mailing (if applicable). Do not call our office since we do not have complete details on fines and addresses. You must pay the complete fines within 5 days directly to the Court, in person or online.
Representation/ What We will do for you in Defense by Affidavit Case. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors.
1. Telephone consultation with client; 2. Office consultation with client, if requested; 3. Offer sound legal advice to client, plus access to our legal info website njlaws.com 4. Preparation of letter of representation to Municipal Court; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file. If client comes to our office, they may have a free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Draft Defense by Affidavit Pleading 11. Mail or fax Defense by Affidavit Pleading to client 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service.
Other Legal Services Available. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Additional services or work must be paid for. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after the decision of the trial court; (b) Appeal any decisions of the trial court or make additional appearances after appearing in Court; (c) provide other legal services or advice not set forth above; or (d) Represent you in any other court or Tribunal
Your Responsibility- Please read carefully and follow instructions to help us help you
You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. This includes providing details on what you told the police and court. 2 You must notify the court and the law office immediately if your address or phone numbers change. 3 Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid. All fees and requirements under this written retainer agreement and any other written documents must be complied with. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Firm will also withdraw at your request. You must advise our office and the Court in writing. 4. Pay your fines immediately. 5. If you call, you must provide your questions to our receptionist
Our attorney(s) frequently appear in various municipal courts in Bergen County, Essex County, Hudson County, Middlesex County, Passaic County, Morris County and Union County.
Frederic C. Goetz, Esq., LLC and its highly trained staff of debt professionals are here to explain your options and assist you in any way possible. Please feel free to contact us at the number below with any questions you may have about our debt settlement programs.