Legal Question in Traffic Law in New Jersey

Can I fight this ticket?

I was on route 80 near Fairfield and traveling in the left most lane when a trooper came onto the highway from the median 2 cars in front of me. The car in front pulled into the middle lane but I couldn't due to there being no openings in that lane so I gave the police car at least 3 car lengths of room in front of me. For about 1-2 miles I followed the car from that distance and was passing the traffic in the middle lane until at a break in the traffic the officer quickly moved all the way to the right lane and then back to the left lane behind my car proceeding to pull me over.

The officer told me that he pulled me over for speeding "Because he knew how fast he was going and felt that I was keeping up with him." He also mentioned that the left hand lane is for passing only. He ended up writing me a ticket with the description as "Failure to keep right" and the statute number as "39:4-88A" and gave me no ticket for speeding.

What course of action do I have to get the ticket reduced or dismissed?


Asked on 2/28/11, 11:17 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

This is a two point ticket. Depending upon your driving record you may be able to get this changed down to a zero point ticket. If you are eligible for a zero point ticket however the fine will be around $439.00. If you want to fight it that means you want to take it to trial and you have to try and convince the judge that you were not doing what you are charged with. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111

www.njworkerscompensationlaw.com

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Answered on 3/01/11, 6:03 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

The simple answer is that you can plead not guilty go to Court and speak to the prosecutor. The Prosecutor will probably offer you a no point downgrade of unsafe driving which is anywhere from $380 to $440.00 depending on the Court. There are other no point violations but they are very rarely offered anymore with or without a lawyer. Please also keep in mind that you can only plead to unsafe driving twice (97-2) within a five year period. If you have already used it twice, then you would need to wait 5 years beyond the date of the second time you plead to it because if someone pleads to it in a period that is less than 5 years after the second time, then the DMV will assess your license 4 motor vehicle points. If you can come to an agreement with the prosecutor then you can choose to plead to an amended no point violation. If you cannot reach an agreement with the prosecutor, then you have the option of going to trial and the Judge will decide if you are guilty or not, please feel free to otherwise call with any questions, good luck (201)-894-9498

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Answered on 3/01/11, 2:12 pm


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