Legal Question in Traffic Law in New Jersey

pulled over for cell phone use

I was recently pulled over in Ocean Gate, NJ. The cop specifically told me he was pulling me over for talking on my cell phone. He did not issue me a summons for this but did issue me a summons for obstruction of view due to a crack in my windshield and unregistered vehicle because I forgot to renew my registration (this was done the minute I got home). Can I have these tickets thrown out based on him telling me that I was pulled over for the cell phone use even though he didn't issue me a ticket for it or will it be a matter of his word against mine?


Asked on 1/10/05, 3:59 pm

3 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: pulled over for cell phone use

No, you cannot get the tickets thrown out based on what the cop told you here. The summonses he issued to you apparently were legitimate, so you can't deny that they were valid tickets. Just be glad that you did not also get a ticket for talking on your cell phone without a headset - there is a very high fine associated with that ticket, much more than for the two tickets you were issued. If you have any other questions about this please feel free to give me a call at 1-908-272-0111. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/10/05, 4:12 pm
Michael Carroll Michael D. Carroll, L.L.C.

Re: pulled over for cell phone use

You may be able to plea bargain. Make sure you bring your registration with you after you plea not guilty.

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Answered on 1/10/05, 5:10 pm
John Ducey Law Offices of John G. Ducey, PC

Re: pulled over for cell phone use

In short, you cannot get the tickets thrown out for what the officer told you because it would be a case of his word against yours. Police are not allowed to pull you over for only talking on the phone but since you had both a cracked windshield and were driving without a valid registration he will say he pulled you over for the other violations. If you would like to be represnted when you appear give me a call I am located in Toms River.....732-286-2170.

John Ducey

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Answered on 1/10/05, 5:32 pm


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