Legal Question in Traffic Law in New Jersey
I received via mail an electronic ticket via ALPR. There was no visual evidence provided. Neither the vehicle nor myself were at the location at the time of the ticket and the court has informed me to hire an attorney and that i need to prove that both the vehicle and myself were *not* there. Shouldn't there be some evidence other than a ticket generated by software placing myself and the vehicle at the scene? I have read that this software occasionally generates false positives, unsure as to why i have to prove this and not the state (of NJ).
2 Answers from Attorneys
Because thats the way the system works
You do not state what kind of ticket you were issued. As a general rule, you are correct that the state must prove their case. And they must prove it beyond a reasonable doubt. If, for example, they are alleging that you ran a red light, they must prove that you were driving. No one must prove their own innocence.
You should contact an attorney and review the case during a consultation. It is certainly possible that there is additional evidence against you, and your attorney would need to request it and review it.
Best of luck.
Please feel free to visit my website to learn more about traffic ticket defense in New Jersey: http://www.raffandraff.com/other-practice-areas-2/municipal-law/traffic-tickets/
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