Legal Question in Traffic Law in New Jersey

Taking State to small claimes court for misrepresentation of fine

I received a summons for ''Failure to exhibit documents'', Statute No. 39:3:29. The back of the summons indicates that the fine is $44.00 however, when I paid the summons I was told the fine is actually $173.00 and the officer should have, but did not,put a sticker on the back of the summons indicating that. Can I take the state to Small Claims court for misrepresentating the amount of the fine?


Asked on 12/15/03, 9:35 am

2 Answers from Attorneys
John Pinho John Pinho

Re: Taking State to small claimes court for misrepresentation of fine

No. New Jersey Governor McGreevey (and our Legistlature) increased the fine. That is what the fine is currently the fact that the back of the ticket has the old fine (rate) is not a defense to the new fine (rate). Filing an action in small claims will be a waste of time. You may want to write a letter to Governor McGreevey and your state assemblyman/woman and senator to advise them of your displeasure in paying such a high fine.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 12/16/03, 4:04 am
Jeffrey Weinstein Jeffrey L. Weinstein, Attorney at Law

Re: Taking State to small claimes court for misrepresentation of fine

No, you cannot. The law just changed on August 15th, and they are still using the old forms. In order to prevail, you would have to show a knowing or deliberate misrepresentation, not just a mistake, as occurred here.

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Answered on 12/15/03, 9:47 am


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