Legal Question in Traffic Law in New Jersey

Paced 82/55 in NJ, student living in NY

NJ state trooper paced me at 82/55 in Bergen county on my way home/college in NY. I have a NY license. The date of birth on the ticket is wrong. This is my first ticket. The court appearance date is in March while I am attending college. I want to plead not guilty and have the court appearance date changed to June when school is out. Can I do this by calling the phone number on the ticket? When I prepare for court, what info can I ask for ahead of time? What questions can I ask that relate to being paced? It seems to me that this should be easier to discredit than radar. Can I hope to win completely or should I just try to plea bargin?


Asked on 2/27/05, 1:04 pm

3 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Paced 82/55 in NJ, student living in NY

I recommend the plea-bargain. The birthdate will bring up a question of who was driving a car, and, as a moving violation, the offense accrues to the driver not the owner of the vehicle.

If the license is otherwise accurately indicated, the identity issue will not be a winner.

The measurement of speed will be an issue that you can attack, but you must ask the right questuions.

Request the issuing agent's log-in, backing, and all other papers or documents the officer filled out on that date excepting other summonses.

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Answered on 2/27/05, 9:59 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Paced 82/55 in NJ, student living in NY

It is actually kind of hard to beat a pace test speeding ticket since the only thing that the police need to show is that the speedometer on their police car was working on the day you got stopped. They do this by just providing a piece of paper showing that the speedometer was checked and it worked. You are not allowed to have an independent expert take the police car into the shop to have the speedometer independently tested. It is best if you plea bargain. You are currently facing a five point speeding ticket. If you go into court and try to plead with the prosecutor by yourself then at best he would be willing to knock it down to a 4 point speeding ticket. If you hire a lawyer he will most likely be able to knock it down to a 2 point speeding ticket for you. In fact if you hire a lawyer you probably won't even have to come into court at all - you can let him handle your case in your absence by signing an affidavit to that effect. I do this frequently for out of state clients who don't want to have to come back to NJ to go to court and don't want to just plead guilty to the original ticket with all the points. I am an attorney who has handled very many cases similar to yours in various courts in New Jersey in the past. I would like to talk to you about your case in more detail. Please call me at 908-272-0111 to discuss this. There is never any charge for simply talking ot me about a case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 2/27/05, 11:12 pm
Gary Moore Gary Moore Attorney At Law

Re: Paced 82/55 in NJ, student living in NY

You did not state that you attend college far away so you must appear in court now and not later, but certain courts have large backlogs and pleading not guilty could put your case off for months.

You need a lawyer. Call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.dwitrials.com

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Answered on 3/02/05, 7:43 am


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