Legal Question in Traffic Law in New Jersey
Traffic Violation
I rec'd a ticket in monmouth cty for tinted windows. 2 miles later rec'd ticket for same thing in Freehold cty. I told the officer and he gave me the ticket anyway. Is this legal?
I have to pay fines in both counties?
1 Answer from Attorneys
Re: Traffic Violation
You may be able to beat this in court, but I'm not sure its worth your time and money to fight it.
NJ has the concept of what is called a continuing offense. You generally cannot be ticketed twice for the same offense, as long as it was one continuing offense, rather than multiple offenses.
To use a commonsense example, if you were speeding when you passed a corner, a police man could give you a ticket. If that police man saw you speed past 2 corners, he couldn't give you 2 tickets. However, if each of those corners had stop signs, you could get 2 tickets, one for passing each of the 2 stop signs.
In your case, it MAY be considered a continuing offense, or the 2nd town could argue that after you were stopped for the first ticket and started driving again, it was a new case of driving with tinted windows. Not worth fighting IF that was all you got.
Call me if you want to discuss it further, at 877\688\3879.
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