Legal Question in Traffic Law in New Jersey

I was taking my recently fixed car for a ride to get gas when a friend called for a ride. I got gas and picked her up to give her a ride. As we were pulling away from her house, we put our seatbelts on and the cop pulled me over for no seatbelt, because, "The car was in motion before the seatbelt was on." I was asekd license insurance registration, and found out my insurance card was expired, but I only forgot to put the new one in the car. The officer said he could search the car because of the lack of insurance card and the girl threw her hyperdermic needles behind the passenger seat and had a prescription bottle of xanex on her with a few pills. The officer continued to get me to admit the needles were mine, but the girl said all of these things were hers and she threw them behind the seat. The officer than arrested her for these things and gave me a ticket for seatbelt and uninsured motorist. He said I have 24 hours to bring the correct insurance card to the station, so 10 minutes later I did and they made a copy to show the officer. Two weeks later I recieve a supina in the mail for freehold court with the charges for seatbelt and uninsured vehicle. When I called to ask why freehold court, they said because the passenger had drugs on them in the car. Could I be charged with more than whats on my supina? Could they now all of a sudden charge me with what she admitted to that day? I had no idea about the needles or drugs and told the officer and she told them I had no idea as well. Why did I get a notice for Freehold court for uninsured vehicle and seatbelt? Please help


Asked on 9/28/10, 9:57 am

4 Answers from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

It sounds to me like you received a notice to appear in Freehold Municipal Court with an assigned Court date. Since you were issued a summons for failure to wear a seatbelt and No Insurance, this is why these tickets were listed on your Court notice. However, since you seem to have the correct insurance card which reflects that the car was insured, you should be able to have that summons amended to failure to present the correct card (3-29) upon request which is only a fine. (Driving without insurance is much more serious)

Technically since you are the owner of the car, you could conceivably be charged with either possession of drugs or paraphernalia. From what you state you may not be, but they still could issue criminal summonses for those charges. I have had clients that were initially issued tickets for traffic offenses and several days later received criminal Complaints for allegedly having (possessing drugs in the car). Police will also sometimes issue a separate summons for drugs in a motor vehicle (depending on the circumstances). If your friend has fully acknowledged that the drugs and the needle were hers and the police accept her as being the only culpable person concerning this issue, then again you may not be charged. Was she issued criminal charges for possession of drugs or paraphernalia.

I have handled similar cases of this nature and would be happy to answer any questions that you may have. again I am basing my response on what you have written in your question and giving you a general answer. Please feel free to contact me and I would be happy to discuss it with you further. (201)-894-9498

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Answered on 10/03/10, 11:39 am
Gary Moore Gary Moore Attorney At Law

Being summoned to court in Freehold when the incident did not occur in Freehold means that there is probably a criminal offense charged against you. You can simply call the Crimional Part at the county courthouse and inquire as to there is a record in the Court's computer of

a criminal charge being filed against you. They need only your name and date of birth.

Call me if you like.

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Answered on 10/03/10, 12:16 pm

I suggest you go to court with an attorney... Yes I know it costs, but you can't afford to have a bad outcome, as it will cost more in the long run, and be a permanent part of your DMV/MVS record. IF there are any drug charges pending, they need to give you notice, and so far, there is no notice. If you go without an attorney, s/w the prosecutor, and see if he will drop the no insurance charge, and then you'd have to plead to the no seat belt ticket. If he says "no", ask for an adjournment, and go back WITH an attorney!!! I go to Freehold is you do not know another attorney (732 525-8200). - Good luck!

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Answered on 10/03/10, 2:10 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

By the Freehold Court I am assuming that you mean the Superior Court of Monmouth County which is located in Freehold. If this is so then it means that you have a criminal charge in addition to the traffic tickets you recieved. Since the prescription pills and the needles were found in your car then you can be charged for these things despite what your female friend told the cops. You need a lawyer - You should never go to court on a criminal charge without one. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111

www.njworkerscompensationlaw.com

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Answered on 10/04/10, 6:37 pm


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