Legal Question in Traffic Law in New Jersey

Double Penalization

I received a NJSA39:4-98 speeding ticket (less than 10 mph). I went to court and the prosecutor amended the ticket to a NJSA39:4-97.2 violation (unsafe driving) and promised me 0 points if I agreed to the new charge, which I did. One month later, DMV sent me a surcharge notice reflecting the aforementioned ticket as a 4 point violation because I had amended at least two tickets before. The prosecutor never told me about this rule. Now, rather than have paid a lesser offense for speeding and have gotten 2 points for the offense I committed, I wound up paying twice the fine and receiving double the points. I do not dispute the original charge and do not mind paying for the offense, but my penalties should not be doubled because of a techinicality. What can I do? Can the prosecutor amend the charge again? PLEASE let me know. My insurance will certainly double in cost if I do not rectify this problem. Gratefully yours...


Asked on 4/07/04, 1:51 pm

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Application for Reconsideration

Call the Municipal Court Office and ask that your case be relisted for reconsideration. On the date of Court, speak with the Prosecutor and explain the situation, asking him/her to reinstate the original charge and you will plead guilty to that charge. This is in the discretion of the Court, but it should work out. Keep in mind that this advice is based purely on the bare facts that you have given me here. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 4/07/04, 2:08 pm
Gary Moore Gary Moore Attorney At Law

Re: Double Penalization

The problem is that a defendant is expected to know his or her prior record of traffic violaions. It may or may not be possible to vacate the plea bargain and make a new bargain with no points. Call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.dwitrials.com

800

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Answered on 4/07/04, 2:48 pm


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