Legal Question in Traffic Law in New Jersey

Reckless driving ticket in mail. Wasnt pulled over

The other day i came home to only find a ticket which was mailed to me. This ticket says its for reckless driving. Statute 39:4 96. There are a lot of unclear things about this ticket. For one, i was not pulled over for this nor was the ticket issued to me. It was in the main drivers name, my father. He was not driving so they simply assumed he was driving by looking the vehicle's information. There is no speeding charge because i was not speeding. My question which i need someone to shed some light on is , how hard is this to fight in court? Is a lawyer needed or recommended? What are the most common outcomes for a charge of this extent? Who will have to go to court, me or my father? What sort of offenses are defined as reckless driving, i was not speeding nor weaving through traffic so i am unclear what i am charged for.This is my first offense so i have a clean record hoping to keep like that.


Asked on 10/04/07, 12:48 pm

5 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Reckless driving ticket in mail. Wasnt pulled over

you may want to have a lawyer help you. seems like you might be able to defeat it, and a lawyer would help.

get someone who does a lot of traffic tickets, who is not too far from you.

Good luck.

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Answered on 10/04/07, 12:56 pm
Gary Moore Gary Moore Attorney At Law

Re: Reckless driving ticket in mail. Wasnt pulled over

A traffic ticket issued on the basis of registration probably is going to be hard to prove, so long as you keep you mouth shut. You need an attorney.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/04/07, 3:11 pm

Re: Reckless driving ticket in mail. Wasnt pulled over

First, NJ like most states, can really 'suck', and the fact is, MOST of the time you get the best result using an attorney. Second, If you we being bad, well, sometimes you get caught. If you weren't really doing anything wrong, it seems like adding insult to injury, having to pay for an attorney, but life is not fair. Third, if th eticket is in your father's name, perhaps he should go to court and speak with the prosecutor first to see what he says about HE received the ticket when he was not there at that time... There is a SMALL chance he could get it dismissed, VERY small. If that does not work, he will have to tell them you had his car that day, and they should issue a corrected ticket in your name. If you want to, you can go to court and speak with the prosecutor first to see what he says about WHY you received the ticket, and if you do not get it down to a no-points ticket, ask for time to get an attorney and go back to court. An attorney VERY often will get a better result than you could get on your own, though there are LOTS-O-variables. I do a couple tickets a month, usually for existing clients, and if I can get the prosecutor to laugh (prosecuting is a boring thankless job), I tell 'em that's worth 2-points right there, and I usually get it! Just my suggestion. Good luck.

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Answered on 10/04/07, 3:23 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Reckless driving ticket in mail. Wasnt pulled over

This is a five point ticket. If it was issued to your father, even if he wasn't the driver, he MUST appear in court along with you. If he does not appear the judge can issue a warrant for his arrest for failure to appear in court. If your father convinces the prosecutor that he was not the driver, then he can get the judge to dismiss the ticket against him and reissue it to you. Regarding hiring a lawyer, since you are looking at a large number of points and issues involving identity of the driver, and since you say you don't know exactly what you were doing wrong, I would strongly suggest that you hire a lawyer. A lawyer can probably get the points redueced substantially below what you are currently facing, and may even be able to get the ticket itself dismissed. I am an attorney who has handled very many cases similar to yours in various courts throughout New Jersey in the past. I would like to discuss this case with you in more detail. Please contact me at your convenience. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/04/07, 4:54 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Reckless driving ticket in mail. Wasnt pulled over

The problem here is, you have no idea why you got the ticket. I suggest that your father go to court and ask the prosecutor what the ticket is about. I wouldn't spend any money on an attorney until you figure out what is going on.

Once you find out who is accused of doing what, then you can decide if you need an attorney. I practice in Cherry Hill, so call me if you need anything.

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Answered on 10/04/07, 7:47 pm


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