Sooner or later it’s bound to happen, even to New Jersey’s best drivers. Maybe you were running late and had a bit of a lead foot, or maybe you came to one of those “rolling stops” at the stop sign because you could tell nobody was coming. Perhaps you passed under the traffic light just as it turned red. If you spend any significant time on the road, the reality is that you could face one – or more – traffic tickets in your lifetime and may find yourself in need of an Oakland traffic lawyer.
Traffic tickets are no big deal, right? Wrong! In addition to fines, you could face hikes in insurance premiums, court costs, time in jail in certain cases, and even a loss of your driving privileges. That means that if you have a traffic ticket, or have acquired multiple tickets over time, the issue needs to be dealt with quickly and professionally, and an Oakland traffic lawyer can help you through every step of the process.
Traffic violations in NJ can lead to fines that go into thousands of dollars. But when you are considering the cost of your ticket, you must add in more than just the fine itself. Some common NJ traffic violations and related fines include the following:
|DWI/DUI – 1st offense||Up to $1,000|
|Failure to observe a traffic signal||$50-$200|
|Racing on highway||$25-$200|
|Failure to observe a traffic signal||$50-$200|
|Improper passing of a school bus||$100-$250|
|Driving with a suspended license||$500|
|Leaving the scene of an accident||Up to $15,000|
Should you choose to fight your ticket, you face related court costs of $34 in the NJ traffic court. In addition to fines and court costs, you also have to factor in the impact a traffic violation can have on your auto insurance. New Jersey is different from the majority of states in that once you have a traffic offense on your record, that offense is there for life. It does not come off your record after so many years. That means that a single offense could potentially impact your auto insurance rate for life.
In addition to these expenses, traffic offenses can lead to points on your driver’s license. If you get six or more points within three years on your current driving record, you will be assessed a surcharge. Once you have accrued 12 or more points, your license may be suspended or even revoked. With so much at stake, you should allow your Oakland traffic lawyer to help you fight your ticket and get your charges reduced or dismissed.
As we have already discussed, traffic charges in NJ never disappear from your record. However, you can earn point deductions under certain conditions. Staying violation and suspension free for one year is one way to have points deducted, and another way is by taking a qualified driving course approved by the state. Additionally, there are remedial programs that will help reduce points, although you must be careful to adhere to the program deadlines to earn the point deductions. An Oakland traffic lawyer understands the different programs that are available and can help advise you on the best course of action to remove points from your record.
There are a few options for handling a NJ traffic ticket. The most obvious one, of course, is to simply go ahead and pay the associated fine for the violation. This is not always in your best interest, however. Your Oakland traffic lawyer will evaluate your case while considering other factors, such as your prior driving history and extenuating circumstances at the time you were cited. Your Oakland traffic lawyer may be able to get your charges reduced or dismissed altogether.
For some lesser traffic offenses, it may seem to be easier to just pay your fine and move on. But for several reasons, hiring an Oakland traffic lawyer to handle your traffic ticket can help you in the long run. Depending on the charge, you may have the option to go online and pay your fine without a court appearance or to appear in court to fight your ticket. However, certain charges — such as DWI or driving over 40 miles above the speed limit — cannot be resolved without a court appearance, even if you want to plead guilty. In these more serious cases, it would be better to hire an Oakland traffic lawyer “sooner” rather than “later.” That way your lawyer can walk you through the process and immediately begin efforts to reach a plea bargain or have your charges dropped.
When trying to decide whether you should defend your traffic ticket yourself or hire an Oakland traffic lawyer, one question that should be asked is, “Do I know how to present my case?” Traffic court is a busy place, with a full schedule. That means as a defendant you only have a brief window of time to present your case. Unless you are accustomed to the court system, this process can be overwhelming, especially if it is your first time in traffic court. An Oakland traffic lawyer has the expertise to present your case concisely, addressing the pertinent facts that the prosecutor will need to make a decision.
Whether a court appearance is mandatory or not, your Oakland traffic lawyer can provide you a few other advantages:
If you do not pay your fine and do not show up for court, a judge may issue a bench warrant for your arrest. Then, you could be held in jail until your court appearance, and you could be sentenced to jail time and more fines. Even if you avoid arrest or jail time, there are other consequences for failure to resolve your traffic tickets, including not being able to get your license renewed or having your license suspended.
There is no “cookie-cutter” answer for how much an attorney will cost. The price will vary based on several factors, such as how old the ticket is, what prior offenses you have, and what the circumstances are surrounding your traffic violations. After giving your Oakland traffic lawyer the details of your case, you will have a clearer picture of how much cost is involved.
An alternative question to how much an Oakland traffic lawyer charges could be, “Can I afford not to have an attorney?” You are fighting to keep points off your driver’s license, to keep your auto insurance rates down, and to keep your driving record clean. In the long run, the fines and surcharges, as well as the time you spend out of work while fighting your ticket, could cost you more than you would have paid by hiring an Oakland traffic lawyer at the very beginning of your case.
Choosing the attorney to represent you is the most important decision you can make when it comes to protecting your driving record — and your wallet! So how do you know which Oakland traffic lawyer is the right one for you?
You’ve heard the saying that first impressions matter. This is especially true when you are looking for the right Oakland traffic lawyer to represent you. So how do you determine if the attorney you are talking with is the best one to handle your case? Go with that first impression! When you speak with a potential attorney, do you feel that they are truly listening to you? Or do they act as if you are wasting their time? Are they talking with you and asking you specifics about your situation? Or do they just seem to breeze past your explanations? Your first impression matters, because the Oakland traffic lawyer is there to represent you.
You should be comfortable with your decision regarding which attorney will handle your case, so here are a few questions to ask:
Handling a traffic ticket can interfere with your work or family schedule. It can impact your driving record and increase your auto insurance rates. In some situations, it can lead to jail time and high fines, fees, and surcharges. Do not underestimate the impact an unresolved traffic ticket can have on your driving record or on your peace of mind. Let your Oakland traffic lawyer fight for you.
Your NJ traffic lawyers will understand the law, the charges you face, and the court process. Because he is familiar with the NJ traffic court system, he can offer the confidence and professionalism you need, when and how you need it most.
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Reasonable suspicion is a “search” standard that applies in criminal law.
When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.
A mere “hunch” is not enough.
In other words, a police officer has to provide an acceptable explanation for the search.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions
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