Legal Question in Traffic Law in New Jersey
Got pulled over for not speeding
I was traveling just under 65 mph on Route 80 near Deville, NJ in the right lane. I saw an undercover car parked on the right shoulder in an obvious speed trap. About a mile later, I look in the rear view mirror and suddenly the car is behind me and lights up.
I pull over immediately and the officer informs me that I am going 85 in a 65mph zone (this could not have been true seeing as I was on cruise control at just under 65). I ask him where he clocked me and he replies that it was in the second to left lane on a 4 lane highway (i was driving in the right lane since i got on the highway). I tell him that he must be mistaken, but to no avail. I then ask him what evidence he has against me, and then he responds that he ''clocked me in the second to left lane going 85mph'', which could not be farther from the truth.
Now I have a court appearance and a lot of points to face.
What do I do?
4 Answers from Attorneys
Re: Got pulled over for not speeding
Being wrongly identified as the speeder is difficult because even the best of plea bargains still means that your are admitting a violation of which you are not guilty. Winning a traffic case is rather difficult because it is your word against that of the officer and the legal fee for a trial is more than the fee for your lawyer making that great deal for you.
You could try the case hope that the judge sees your honest demeanor.
Call if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Got pulled over for not speeding
You can either do this by yourself or get an attorney. I suggest you at least consult with an attorney before you do anything. There is evidence you can get that can really help out your case, but you have to act fast since they usually don't keep it.
My consultations are always free, so call me at 732/247/3340 and we can discuss how to fight this case.
Re: Got pulled over for not speeding
I agree with the other replies as well. It is very unfortunate that you were the one he stopped, and I can completely understand how it would grate you to plead �guilty� even to a lesser offense, when in fact you�ve done noting wrong. As others have mentioned, you could try the case, but there are some difficult proof problems and it largely comes down to your testimony against the state trooper. At the very least, give someone a call to find out your options and want the consequences are of a plea bargain versus a full conviction if you are unsuccessful at trial.
Very truly yours,
Frank
Re: Got pulled over for not speeding
I have read what the other attorneys wrote, and once again Gary and Jef are right on.
at 20 mph over in a 65 zone, this is gonna hurt if you are convicted. It is worth getting a lawyer, I think. Doing it on your own...less likely to win (notice that I am NOT saying you will definitely win with a lawyer, that would be a stupid thing to promise).
Lousy situation. the officer mis-identified you. Fight it, but get help.
Denville--not so far, I could do this. I have been out there in municipal court a couple of times. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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