Legal Question in Traffic Law in New Jersey

Do I have to pay the surcharge?

The cop issued a ticket to me for ''Unsafe Operation of a Vehicle'' because I attempted to make an illegal u-turn. I had to be scheduled for a court date to resolve the matter. The prosecutor suggested ''No Surcharge'' should be imposed for this violation since it was not a more serious charge that had been downgraded/amended to ''Unsafe Operation of MV''. The judge insisted on imposing the $250.00 surcharge stating that all convictions for ''Unsafe Operation'', no matter if it was an amended ticket or if it was the original charge, requires the driver to pay the surcharge. I decided to plead not guilty and take the case to trial. I'm willing to pay the ticket but I am not willing to pay the surcharge especially since the prosecutor suggested that no surcharge should be imposed. Do I have a valid argument? Are there any prior cases in which a defendant was willing to pay for the traffic ticket but refused to pay the surcharge and won the argument? Please advise.


Asked on 1/24/05, 4:40 pm

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

Re: Do I have to pay the surcharge?

The judge is right - any conviction for unsafe opeation of a motor vehicle for a ticket issued on or after July 1, 2004 is subject to the $250.00 DMV surcharge. If you want to try and beat the charge you have to take it to trial and try to convince the judge you didn't do anything to violate the statute. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please call me at 908-272-0111 if you would like to discuss how I may be able to help you in this matter. There is never any charge for simply talking to me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/25/05, 8:42 am
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Do I have to pay the surcharge?

Yes, if pleading guilty to 39:4-97.2, you will have to pay the surcharge. The Judge was correct - the prosecutor incorrect. The 39:4-97.2 surcharge applies regardless of how you got to that charge.
More importantly, what you are "willing" to pay is not an issue to take to trial. In fact, forcing a trial on these grounds could lead the Judge to impose the max fine of $150 plus costs while he can otherwise go as $50 plus costs. Your $250 is then added on to those numbers. You should only have a trial if the state may have a problem proving you are guilty, which doesnt sound like your case.

Short of a trial, you may consider asking the prosecutor to amend it to a different no-point charge that does not have a surcharge or to a 2 point ticket if you'd rather take the points and those surcharges than pay your 250 in Court on the no-point ticket.

Please feel free to give me a call for a free consultation if you would like to discuss this matter further or discuss how an attorney might be able to assist.

Daniel B. Kelley

(856)616-8080

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Answered on 1/25/05, 9:43 am


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