How to Fight a Traffic Ticket in NJ?
Hundreds of thousands of traffic tickets are issued in New Jersey every year. According to NJ.com, over 175,000 speeding tickets, alone, were issued in New Jersey last year. Of those, approximately 28,000 were written on the Garden State Parkway, the New Jersey Turnpike and other New Jersey toll roadways. The others were written on non-toll roads. For those of us that have received a ticket for speeding or some other traffic infraction and are not guilty of it, the ensuing question becomes – How to fight a traffic ticket in NJ?
Consider Hiring a New Jersey Traffic Ticket Attorney
If you intend to fight a traffic ticket in New Jersey, it is important to retain an experienced New Jersey traffic ticket attorney. Fighting a parking ticket is one thing. Fighting a traffic ticket on your own is not advisable. Most people are unfamiliar with the specific pertaining to any one particular traffic law. Being unfamiliar with the law is not going to benefit you at trial or when discussing the matter with the prosecutor. Those that educate themselves on the law may nonetheless misinterpret it or fail to read the law in conjunction with other pertinent statutes. Even those totally familiar with all of the traffic laws in New Jersey, it can be unwise to fight the ticket on your own. Fighting a traffic ticket may require a trial. At trial, you must be familiar with the Rules of the Court and the Rules of Evidence in New Jersey in addition to the law. For example, the state may attempt to admit evidence that is objectionable. If no objection is made, it may be admitted as evidence by the judge. An experienced New Jersey traffic lawyer will know when to object to improper testimony. For these reasons, it is important for anyone looking to fight a traffic ticket in NJ to hire a New Jersey traffic ticket attorney.
You have the right to remain silent. You do not have the right to make up things. Lying to either the police, the prosecutor or the court are obviously very bad ideas. In fact, lying under oath to the court is a serious criminal offense. But, even lying to your own attorney is not a good idea. It can jeopardize the whole case. Prosecutors handle thousands of traffic tickets every year. A lot of the defendants proclaim their innocence before the prosecutor that later prove to be guilty. Prosecutor may therefore be skeptical if you proclaim your innocence – even if you truly are. And, if you tell your own attorney something that he or she relied upon when discussing your case with the prosecutor and the prosecutor is able to disprove it, the chances of getting the traffic ticket dismissed by the state become slim to none. Even if it is only a minor fact, the prosecutor may be reluctant to hear anymore of your side of the story and just assume that nothing about your side of the story is true.
Go to Court
You must go to court in order to fight a traffic ticket in NJ. In New Jersey, traffic infractions are handled in municipal court. In court, you will be able to plead your innocence while conferencing the case with the prosecutor. The conference may result in a plea agreement that downgrades the offense. If that fails, you will be able to take the matter before the judge at a trial. Generally speaking, there are no jury trials for traffic tickets in New Jersey. At trial, the burden is on the state to prove the case against you beyond a reasonable doubt.
Any evidence of your innocence is obviously necessary to present to your own attorney and may be necessary to present to the prosecutor and the judge. For example, if the traffic ticket states the name of the defendant as “John A. Smith” and your name is “John B. Smith” and the address on the ticket is incorrect and/or the birth date, then you would want to bring your driver’s license with you to court to prove that the wrong person was issued the traffic summons.
The Sloan Law Firm handles traffic ticket cases in Union County, Middlesex County, Morris County, Somerset County and throughout New Jersey. If you have received a traffic ticket in New Jersey that you are interested in fighting, you can reach the Sloan Law Firm at (908) 358-2938. The initial consultation is always free.