Legal Question in Traffic Law in New Jersey
What rights do I have when caught speeding?
I was caught speeding in New Jersey, but I don't believe I was. I was following traffic flow (really). I have tinted windows and suspect I was pulled over for that, and being the last vehicle in the line of cars. I was going 48 in a 30 according to the officer. I questioned it, and heard that I could ask to see a print-out of the radar detection. I asked for it, but he didn't let me see it. Do I have the right to see that radar scan when getting pulled over? Isn't the officer suppose to pull over the vehicle at the head of the line of vehicles speeding? Also what documents do I have access to before appearing in court for my case? My court date is May 19, 2005. Any help would be greatly appreciated!!!! Thanks.
2 Answers from Attorneys
Re: What rights do I have when caught speeding?
You don't have the right to see any radar printout at the time you are stopped. However, before your court date you can order the evidence in the case from the prosecutor's office. This is the evidence that the prosecutor wants to use against you. It may or may not show that the police had sufficeint evidence to issue the ticket against you. If you really want to fight this instead of trying to work out a plea bargain with the prosecutor, then I would suggest that you consult with a lawyer. I am a lawyer who has handled very many cases similar to yours in various courts throughout New Jersey in the past. If you would like to discuss your case in more detail please give me a cal at 908-272-0111. There is never any charge for simply discussing a case with me. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: What rights do I have when caught speeding?
The defendant is entitled to discovery which is a copy of all police reports and records relating to his case, including records of the maintenance of the radar equipment and its use.
At the time of the stopping of your vehicle the officer was not required to give discovery or to show you anything. Of course, it would make you feel more confidence about the officer's truthfullness. In New York State dwi breathalyzers print out a reading in duplicate and the defendant is given a copy of same and that is a good practice which does not exist in New Jersey.
You can call me if you have more questions. If you want to hire an attorney I am available.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
Hackensack, New Jersey
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39:3-66 could u get pulled over just for this Asked 4/06/05, 3:59 pm in United States New Jersey Traffic Law