Legal Question in Traffic Law in New Jersey
2C:29-1a
I gave them my fathers name. I thought i left my license at home. But then i remembered it was in my dash and i told the officer, i have my license and that was my fathers name the cars in his name so is the registration and insurance. I don't know if that makes a difference, but if i have a clean record what am i looking at?
1 Answer from Attorneys
from what you have stated it appears that they charged you with a criminal offense for allegedly giving a false name, specifically obstructing the function of a law enforcement officer in preforming his duties, the charge could be a 4th degree offense if you were attempting to prevent the officer from investigating a possible commission of a crime or any crime which means that the charge would be sent up to the County Prosecutors office for review, however if all you are charged with is allegedly providing a false name to avoid to a traffic summons it would be a disorderly persons offense and it would remain in the Municipal Court within the town where you were stopped. a 4th degree offense could carry up to 18 months in jail besides fines and other penalties, if you have no criminal record you would probably qualify for P T I which is a diversionary program that would allow you to potentially get the charge dismissed. It sounds like you have been issued a disorderly persons offense which also carries fines, potential jail time and/or probation. bear in mind this doesn't mean you need to plead guilty to it, you may have a defense. Initially you would obviously want to probably consult a lawyer because it is a criminal charge. I would happy to speak to you about it if you like. I never charge a fee for a consultation. (201)-894-9498. Please also bear in mind that I am only providing you with general information based on what you have posted. Again, please feel free to call if you would like to discuss the situation in more detail.
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