Legal Question in Traffic Law in New Jersey

39:4-63 Throwing Debris from vehicle

Can I beet this and how?

I was the passenger in a vehicle?

Cop said I threw out cigarette. 11:00PM

How can he prove it was me?

Driver brought in for DUI, I was issued ticket in lobby 1hr later while waiting for his release.

Help!


Asked on 1/11/05, 11:06 am

2 Answers from Attorneys

Ronald Aronds Law Office of Ronald Aronds, LLC

Re: 39:4-63 Throwing Debris from vehicle

If you were charged with 39:4-63 then he charged you with the wrong offense - that section of the law only covers throwing glass or other sharp, injurious or cutting substances in the road. If that is not what he says you threw out, then you can move to dismiss the charge on those grounds. If he charged you with 39:4-64, that section of the law does cover cigarettes and you can face a fine of between $200 and $1,000. Essentially in that case it would be your word against his (and you would lose). If your friend with the DWI charge is looking for a lawyer asking him to give me a call at 1-908-272-0111. I am an attorney who has handled very many cases similar to this in various courts in New Jersey in the past. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/12/05, 11:24 am
Blair Lane, Sr Earp Cohn, P.C.

Re: 39:4-63 Throwing Debris from vehicle

39:4-63 Throwing Debris from vehicle

I believe the minimum fine and penalties for this offense are $100 to $500 fine plus court costs and loss of driving privileges for 30 days.

If you are issued a traffic ticket, do not blow it off. There are certain responsibilities that you have in answer the ticket - pleading guilty or not guilty; notifying the court of your plea, especially a not guilty plea and showing up for court at the scheduled time and place. If you blow off the ticket and do not go to court, a warrant may be issued for your arrest and you may be subject to additional fine and penalties as well as embarrassment.

You should contact a lawyer in the area of the Town or County where you got the ticket. This will assist you in an area that you are not familiar with, they may be able to get the charge thrown out or down graded. Plus Courts normally handle attorney represented matters first relieving you of the possibility of spending hours in court.

In general, the State has to prove you committed this offense, usually by the �beyond a reasonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If the officer did not witness the accident any information he relied upon in giving you the ticket would be hearsay.

Please feel free to contact me for a free initial consultation.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the Commonwealth of Pennsylvania with more than 15 Years experience. The information contained

in this response is intended to provide general information regarding a general legal question.

This information contained in the response is not to be construed as legal advice and you should not rely upon any information as legal advice. Legal advice can only be obtained through a complete consultation with my office or an attorney admitted to practice law in your State. Any information obtained through this response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for clients through out New Jersey and Pennsylvania including Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.)

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

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Answered on 1/11/05, 4:42 pm


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