Legal Question in Traffic Law in New Jersey

My daughter who lives in Ohio was in New Jersey on business when she was pulled over. The officer said he pulled her over because she was talking on a cell phone. She explained to the officer that she was not on her cell phone and that she was eating an apple. She told the officer that she had not used her phone since the prior evening to call her husband. She showed him the remains of the apple and she offered to show him her cell phone call log which supported her claim of not being on the phone.

The officer continued to write the ticket and told her she could mail in the $135.00 fine or show up for court on the 20th of October. Showing up on the 20th is not an option since she will not by in New Jersey at that time.

Is there a way to contest this ticket through the mail or on-line without showing up for her court date? What are the results in failing to pay the fine? Did she show reasonable evidence to support the fact that she did not commit a violation? Is this worth fighting from an economical standpoint?

Any advise you can offer would be appreciated. Thank you.


Asked on 10/08/09, 6:16 am

3 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

From what you have indicated, she probably has the evidence to beat the ticket. Unfortunately, from an economic standpoint, it probably is not worth the time and effort to fight it. Some Courts would accept an affidavit to argue a "not guilty" plea. However, to prepare it properly, you should retain a local lawyer and that would cost more than $135 as well.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should speak with a New Jersey attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 10/13/09, 7:44 am
Gary Moore Gary Moore Attorney At Law

She can have a lawyer go to court for her with her cellphone record for the specific time and date

to show to the prosecutor. Ignoring the ticket will result in the suspension of her privilege to drive in New Jersey and will eventually effect her driver's license whereever she lives.

Call me if you like.

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Answered on 10/13/09, 10:18 am
Ronald Aronds Law Office of Ronald Aronds, LLC

I routinely handle cases for out of state drivers by affidavit. I would be able to do the same for your daughter. However, in order to do this, you would have to pay a legal fee to the lawyer to go to court for you. A cell phone ticket carries zero points in New Jersey, so you have to weigh the benefits of paying a lawyer to probably get the ticket dismissed or to take the less expensive route of just paying the fine on this zero point ticket. Please contact me if you would like to discuss this matter further.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/13/09, 11:20 am


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