Legal Question in Traffic Law in New Jersey

Unusual Traffic Stop - No Probably Cause?

I was following my girlfriend to Baltimore from the Jersey Shore. I saw the officer heading towards us in oncoming traffic. I reduced my speed, however my girlfriend didn�t and continued to exceed the speed limit. I pulled over to the right hand shoulder and he sped by me in pursuit of my girlfriend. I pulled up alongside the officer�s vehicle and informed him that he had pulled over my girlfriend and that I needed to wait for her. He told me to pull in front of my girlfriend. After he obtained my girlfriends information, he came towards my car and asked me for my driving information. I was under the belief that I was not being stopped and stated so. He then stated ''Do you know why you have been stopped'' I was surprised by this and said no. He stated that I was following her therefore he believed that I was also speeding. I provided my information, but I could not locate my proof of insurance. He wrote two tickets, failure to have an insurance card, and speeding. On the speeding citation he stated the detect method as Radar. (He also gave my girlfriend a ticket and stated her MOD as radar) I am not sure whether or not I have a chance in court, and whether or not the officer had a right to request my information in the first place.


Asked on 6/04/02, 10:49 am

3 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Re: Unusual Traffic Stop - No Probably Cause?

This sounds like a very interesting factual basis. I have been practicing law for a long time. I think you maybe able to do something about your ticket. Maybe end up with no points or even a dismissal based on the facts.

savy grant

attorney at law

201-646-9600

a

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Answered on 6/04/02, 11:00 am
Durrell Ciccia Durrell Wachtler Ciccia, Esq.

Re: Unusual Traffic Stop - No Probably Cause?

Sounds like a lot of nonsense to me. It is possible that you both flew past a "speed trap." It is common for NJSP to work in pairs with the radar car remaining at one location, and a second car stopping purported violators.

This may well be worth fighting. You do not indicate how fast the officer says you were traveling. To get started, you should inform the court that you wish to plead not guilty. The info should be printed right on the summons. You need to obtain discovery, such as radar log and speedometer certification. Even if you both were properly stopped and ticketed, it is possible to plea bargain away the points which will effect your insurance rates. You can call me if you have further questions 732-988-4332.

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Answered on 6/04/02, 11:03 am
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Unusual Traffic Stop - No Probably Cause?

Your situation presents an interesting factual scenario and sounds like the police officer may have been more annoyed with you for "interrupting" his traffic stop? I am not really sure, but something sounds funny.

With that said, most speeding tickets, depending on the exact speed and circumstances, can be plea-bargained down to a "no-point" ticket. The insurance ticket is also generally easily dealt with if you just didn't have the card with you.

I offer free consultations and would be happy to talk with you further.

Thanks,

Daniel Kelley

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Answered on 6/04/02, 11:05 am


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