Legal Question in Traffic Law in New Jersey

fighting a wrongfully issued suspended license

On Dec.4,my car was stolen.On the 6th,I found it. Weeks later I received a summons to appear in court for a parking ticket issued in Trenton on Dec.5th. I called the Trenton court, as instructed on the mailed notice and told them of the situation. They rescheduled the court date for Mar.20. On that date,I was called from work,and so I called the court asking if I needed to appear to clarify this. The woman said that all I needed to do was fax a copy of the police report before the court appearance time. I did and went to work. A week later I received a notice that, due to contempt of court,a warrant was issued for my arrest and that my license was suspended. I called the court and they informed me that the best thing for me to do was to post bail and wait for another court date. I did so, but that evening, I did take the car to pick up some groceries. I failed to stop at a stop sign,and I was stopped. Although I had been advised by two detective to carry the information of the car being stolen and the bail posted,I was issued two summons. I am guilty and will pay the failure-to-stop ticket,but I feel that the summons for driving with a suspended license,although true,was due to the courts misinformation. Can I fight this and win?


Asked on 4/12/02, 12:44 am

4 Answers from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: fighting a wrongfully issued suspended license

Yes, you can definitely win this. They should have corrected the error by mail.

You can also get the stop sign ticket reduced to a no point ticket.

Please call me for further information - 888-777-0455.

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Answered on 4/12/02, 5:02 am
Savyon Grant Law Office of Savy Grant

Re: fighting a wrongfully issued suspended license

I think you have a very good defense for getting the driving on the suspended list dismissed. I suggest you hire an attorney to deal with this, it may make your life a lot easier. The ticket for the stop sign can be worked out. I do not suggest pleading guilty. Have an attorney try to get you no point on this violation. (plea bargain!)

If you need an attorney in the area I will be very happy to suggest a experienced traffic attorney. I mostly practice in Northern Jersey, but I know very good attorneys in Trenton. I can be reached at 201-646-9600.

Savy Grant

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Answered on 4/12/02, 8:30 am
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: fighting a wrongfully issued suspended license

Based solely on the facts you've entered, it sounds like you should be able to get this straightened out as far as the suspended license ticket.

There is also the possibility that the red light ticket may be worked out so that you can plead to a no-point ticket.

I offer free consultations and would be happy to discuss this with you further. Feel free to reach me by e-mail or phone.

Thanks,

Daniel Kelley

[email protected]

(856)616-8080

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Answered on 4/12/02, 9:44 am
Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: fighting a wrongfully issued suspended license

Thank you for your inquiry. Please be advised that I have not been retained to represent you and any information provided is based on the limited amount of information you supplied.

However, the driving with a suspended license summons sounds as if it is Court error and should be able to be resolved. Do you have a copy of the fax you sent to the Court? Also, while your memory is fresh, write down the date, time and names of the persons with whom you spoke and the information suppied. I would be happy to assist you with any filing of paper work to correct this but if your license is currently suspended, you need to take care of this immediately to avoid any further trouble.

Also, the stop sign violation can likely be reduced to a no-point violation by making a plea bargain deal with the prosecutor at or before the hearing date. This simply means that you plead guilty to a lesser violation. (It is not a gurantee, but normaly the points can be reduced)

Feel free to contact my office at 908-537-7975

GOOD LUCK

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Answered on 4/12/02, 7:36 pm


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