Legal Question in Traffic Law in New Jersey
improper use of cell phone
If the violation that caused the police officer to pull over a driver is being pleated not-quilty to because it wasn't done, can you then fight the improper use of a cell phone ticket that was also issued???? This is a first offense on a clean record of a 47 year old man in Perth Amboy, NJ who was stopped in traffic (not moving) with a left signal turn on when a street cop called for him to pull over to tell him he could not turn left there. He was speed dialing someone to get directions since he had noticed he could not turn.....he never turned. he was issued a ticket for improper turn and improper use of cell phone.
2 Answers from Attorneys
Re: improper use of cell phone
If you have an active matter before the court, it is essential that you retain an attorney at once to review the charges against you, and to get all relevant information so that you can properly decide on a course of action.
If you have a defense to the initial stop for making an illegal turn, you arguably have a defense to the cell phone violation as well.
Your attorney will review the applicable law in light of the facts as you relate them, and advise you accordingly.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: improper use of cell phone
If there was no actual violation (that is, the improper left turn was never actually made), then you should not plead guilty to making an improper left turn. You can take this case to trial to try and beat it. As to the cell phone violation, you can only get a ticket for that if you are stopped for some other reason. In order to beat the cell phone charge, you have to beat the left turn charge. I am an attorney who has handled many case similar to this in various courts throughout New Jersey in the past. Please call me at 908-272-0111 to discuss your case in more detail. 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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