Legal Question in Traffic Law in New Jersey
I was pulled over in Paterson NJ & given a ticket for driving without a license. & also given a ticket for having tinted windows which the officer stated was the reason for pulling me over. However my front windows were all the way down thus preventing the officer from being able to tell if my windows were tinted or not. Therefore, my question is, is'nt this a no point ticket, & therefore should'nt this ticket be thrown out if there was no probable cause to stop me being my windows were down preventing the officer from determining if the windows were tinted or not?
2 Answers from Attorneys
Both the tinted windows as well as the suspended license are no point tickets, the problem is that the driving while suspended ticket carrires a fine of $500.00 for a first offense and a potential license suspension of up to six months, a second offense, besides beings a $750.00 fine carries a 1 to 5 days in jail. a third offense, if convicted is 10 days in jail. just because you maintain that the windows were down doesn't mean that the tickets will be thrown out, It depends what the officer says, if he says he saw tinted windows and offers a version different from what you are saying, then it is a trial and the Judge will decide which one of you is more credible. An even more important question is why you were suspended, did you know that your license was suspended, having a defense to the driving while suspended is necessary if your first position regarding the tinted windows fails. I actualy go to Paterson quite a bit so please feel free to contact me to discuss your case, I never charge a fee to speak with someone about their situation. (201)-894-9498
If you want to take the case to trial you may be able to convice the judge of what you are saying, but it is not likely that the prosecutor will just dismiss the ticket because the windows were rolled down. The prosecutor may agree to dismiss that ticket in exchange for a plea of guilty to the unlicensed driver ticket as part of a negotiated plea bargain. You should talk to a lawyer before you decide what to do.
Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111
www.njworkerscompensationlaw.com
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