Legal Question in Traffic Law in New Jersey

speeding tickets with a provisional license

my 17 yr old son , who has a provisional license, got a speeding ticket in dec, 2 pts, we paid the ticket, now the other night he received another speeding ticket worth 4 pts for being 20 mph over the limit, our court date is may 6, we have all intensions on speaking to the prosecutor first to hopefully pay a ''surcharge'' to remove the 4 pts, is that the way to go? what is the likelyhood he'll have his license suspended?


Asked on 4/21/09, 11:51 am

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: speeding tickets with a provisional license

You could talk to the prosecutor first. Every one is different, so I see no way that I could tell you that one thing or another will happen. If you don't like what he or she says, I suggest you call an attorney. You can call me at 732/247/3340 to discuss. I have an office in Toms River.

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Answered on 4/21/09, 5:06 pm
david bildner bildner law firm

Re: speeding tickets with a provisional license

The other attorney who answered this question gave reasonable general advice, but for your specific case it is crucial that you know that State policy prohibits prosecutors from plea-bargaining tickets for holders of provisional licenses. There are sometimes ways of dealing with this (I am often called upon to do so in my practice), but first you have to know the issue is there.

Your son already has 2 points. Getting any more points would violate his provisional license, requiring him to take remedial training and putting him on probationary status.

Your plan of trying to pay a surcharge to avoid the points may still result in the MVC considering your son to have violated his provisional license, even if you can get the prosecutor to do it and even though it is with a no-point violation.

Don't try this yourself. Your son's license and your insurance rates are at stake. The few hundred you save by not hiring a lawyer could cost you a lot more.

Disclaimer

Nothing in this correspondence shall be construed to create an attorney-client relationship. While this information is intended to be accurate, it is intended for general information only and should not be considered a substitute for consultation and advice by an attorney who has access to all necessary and relevant information. I also urge you to read the general disclaimers and terms of use for this website. They actually mean something.

You are invited to call or write to my office for a free, no-obligation consultation.

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Answered on 5/04/09, 10:11 pm


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