First speeding ticket

[captne76]

Originally Posted by 4Toms

In this scenario, do I have to bring up the "unsafe driving special", when I show up there or will it be offered to me?

They mostly offer that deal to everyone, not that it's that great,,,,

[bbigccat]

Thanks. But after the plea bargin with prosecutor, when I face the judeg, i should plea guity or not guity?

Originally Posted by pbergen

you should never blindly pay for a moving violation without first trying to find some sort of resolution that will allow you to avoid DMV points and insurance points. one of the best ways to do this is to go to court and ask for a plea bargain.

so the first thing you should do is to tell your friend to call the court, plead not guilty, and set up a court date.

on the day of the court appearance, he should make sure to speak with the prosecutor prior to facing the judge. this is standard procedure in most nj towns, which usually have no problem offering plea bargains so that the motorist's infraction is downgraded to a non-moving violation that does not carry DMV points or insurance points. this is because the judge and prosecutor don't care about a motorist's points; they just want to make money for the town coffers.

in exchange for accepting the deal, your friend will have to pay a higher fee than he would have for the original violation. it's worth it in the long run, though, since he won't have to worry about increased insurance rates from the points that would've been added to his record.

one final note:
i believe there is a limited number of times that you can take advantage of the plea bargain option in nj. if a motorist repeatedly gets ticketed for various driving infractions, at some point his insurance rates are going to rise, no matter what. at that point, the only other option (as far as i know) would be to take some defensive driving courses to get a few points knocked off of the driving record.

[exhdo1]

Originally Posted by bbigccat

Thanks. But after the plea bargin with prosecutor, when I face the judeg, i should plea guity or not guity?

If the prosecutor works a plea deal for you, the judge has the final say if he will accept or reject the deal. I very rarely saw a judge deny a prosecutors plea bargain request. If the plea is accepted you will still have to stand in front of the judge, he will ask a couple of questions and you will have to plead guilty to the amended charge.

[bbigccat]

Thanks a lot!

Originally Posted by exhdo1

If the prosecutor works a plea deal for you, the judge has the final say if he will accept or reject the deal. I very rarely saw a judge deny a prosecutors plea bargain request. If the plea is accepted you will still have to stand in front of the judge, he will ask a couple of questions and you will have to plead guilty to the amended charge.

[Freshflakes757]

I got a 45 in a 25 ticket in Basking Ridge back in 2005. To avoid points I had to do community service. That was NOT fun.

[Tank2797]

I got a similar speeding ticket. My question is, how do you find out who's the prosecutor before the trial to approach him?

[captne76]

Finding out who is the prostitutor is fairly simple. They usually announce how everything works and usually give everyone a chance to talk their case over with the "Let's make a deal" guy before you get called up to the guy with the hammer.

I have been to some courts where they had hundreds of customers on any given night and one in particular the guy did not explain much, took about 10 seconds to write you up for the unsafe deal without even explaining any of the details. For instance you can only take that unsafe option I think twice within 5 or 10 years then you have to wait another 5 years to take it again, otherwise it becomes 4 points if you take it 3 times. This one court would not bother to look up any DL history on you as it was up to you to know if you where eligible for that. It was a silly 2 point ticket so I wound up paying the ticket anyway that time.

On speed tickets they almost always offer to reduce the speed down to the lowest category (1-14 mph over I think).

[orangenj]

Wow, I got incredibly lucky with my ticket. I got a 4 point "improper passing" ticket in Trenton back in November - I blew past what looked to be a double-parked vehicle that just so happened to be an undercover cop! I went in person to the courthouse in December since I couldn't get through on the phone & said I was pleading not guilty. My court date was Monday night and when my number was called, I talked to the prosecutor and he asked me if I didn't want any points on my license. I said I didn't and he said he'd talk to the judge. So after 3 hours of sitting in the municipal court, I got up before the judge and pled guilty to obstructing traffic & paid the $89 fine ($56 + $33 court cost). I hit the jackpot and did not know anyone, nor did I have a lawyer. I guess maybe it being Trenton they deal with worse crap (there was a lot that I observed) so they didn't really care about my ticket.

[captne76]

Yes THAT one is about the best deal you can come out with since it is a LOT cheaper than the unsafe driving extortion deal and there are no points on it and I don't think any records are kept of it on your DL history. I've gotten it a few times over the years but mostly you have to luck into it.

[gmfbass]

I recently got a speeding ticket for going 44 in a 35. I went back to where I got pulled over and the speed limit dipped down from 45 to 35 RIGHT where he clocked me. Seemed like a speed trap and definitely seemed unfair but as it turns out, Speed Traps are legal in NJ. Anyway, went to court - Prosecutor offered UNSAFE DRIVING but omg he told me it was going to be like $450 - it's NOT a good plea bargain at all. So I said thanks but no thanks and set a trial date. I sent him a discovery request the following week (which he ignored) but at the next court date he offered Vehicle in Unsafe Condition $50 fine, $33 court costs, and NO POINTS!