Legal Question in Traffic Law in New Jersey

I was suspended for a DUI a few months ago. I realize I shouldn't have been driving, but here is what happened. I was pulled over for tint and a loud muffler after leaving my Fire Department, only blocks away. A cop I knew heard the call and pulled up on scene. They dropped all the tickets (muffler, plate cover, tint), except driving while suspended. They gave me a break. The ticket they gave me has a mandatory jail sentence of 10-90 days in the state of New Jersey. My question is, if that's the ONLY ticket they gave me, can I prove they didn't have probable cause to stop me in the first place? I have a tint waiver for the state of New Jersey and my muffler is 100% stock from the manufacture.

Asked on 8/23/13, 3:56 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Stop screwing around and hire a dui lawyer. You need to take thus charge seruously.

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Answered on 8/24/13, 7:35 am

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Your not completely clear in your story. Did you go to Court already and work out a plea where the prosecutor is requiring you to enter a plea to the Driving While Suspended? The answer to your actual question is I highly doubt it. If the officer had reasonable grounds to stop you then you have no defense. The officer probably had reasonable cause to stop you. The only real defense to driving while suspended is notice. You knew that your driving privileges were suspended because you already plead to a DWI. The best you can do is hope the prosecutor agrees to a recommend a 10 day sentence which the minimum and then you can ask the judge if you can apply for SLAP if it is offered in that county.The Judge needs to agree to it but that is probably the best outcome you can get. I doubt that your challenge to the stop will work, feel free to call if you wish to discuss it further. 201 342 5030

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Answered on 8/24/13, 6:44 pm

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