Legal Question in Traffic Law in New Jersey

Fines in court

I got a traffic ticket for $78.00. I called the number and indicated I wanted to plead not guilty, so the clerk assigned me a court date and time. When I got to court and saw how things were, I got cold feet and wanted to just plead guilty and pay the $78.00 fine instead of attempting to argue the ticket. Huge cops were everywhere, it was very intimidating. I did not know how to do that however, so I just sat there for a while.

Before cases were heard the judge said to everyone in the courtroom that if you were present that means you plead not guitly and all fines in his court start at $152.00 plus $30.00 in court costs. He said that we had missed the opportunity to pay the amount indicated on the ticket. Then we all stood in line to speak to the prosecutor. The prosecutor told me I could plead not guilty to a offence that did not carry points since I was going to have to pay the $152.00 fine plus the $30.00 court costs anyway. So I did.

I don't understand why the fine could go up $74.00 just because a person wants their day in court. I understand the court costs but don't understand why the judge could just increase the fine. Not that it matters, but it was my first ticket ever. Is that just the way it is?


Asked on 12/01/03, 2:48 pm

3 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Fines in court

yes. 0 points have a higher price than points.that's it.

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Answered on 12/01/03, 3:48 pm
Joel Rosenberg Stark & Stark

Re: Fines in court

A judge is not bound by the fines on the fee schedule. He is only confined to the maximum permitted by law. usually, the scheduled fine is less than the maximum. Additionally, the judges usually recognize that you received a break by having a no point ticket and increase the fine.

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Answered on 12/01/03, 5:08 pm
John Pinho John Pinho

Re: Fines in court

Your ticket from your description was a moving violation with points. You managed to have the points reduced which will save you a lot more than the 80+ dollar in insurance premiums if you had pled guilty and paid the original violation.

You probably pled to NJSA 39:4-97.2 (Unsafe Operation) which carries no points for the first 2 violations (within 5 years) but carries 4 points on the third violation (plea or conviction). The first offense fine, in most courts, for a violation of 39:4-97.2 is $150.00 plus $32 court costs=$182.00

Our office represents individuals charged with moving violations and we successfuly defend those individuals reducing their potential insurance surcharges due to the accumulation of motor vehicle points.

You should be proud that you managed to have your ticket amended and your point reduced. Good job.

John M. Pinho

www.DaSilvaPinho.com

Look for your violation in our Motor Vehicle points section of our website and see how many points you saved yourself

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Answered on 12/02/03, 12:39 am


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