Legal Question in Traffic Law in New Jersey
Wrong Date on a ticket
I am a PA resident and I was driving in New Jersey when a police officer pulled me over for doing 70mph in a 50mph zone. I know I wasn't going that fast but that's besides the point. When he handed me the ticket, he wrote down the wrong month it ocurred. For example, he wrote 01/05/05 instead of the real date of 02/05/05. Can I challenge it by saying, ''Look at the officer's records on January 5th, and see if he pulled me over?'' (Which he won't be ablew to do) Will this be enough to get my ticket voided?
4 Answers from Attorneys
Re: Wrong Date on a ticket
Your likelihood of succeeding on this technicality is not that great. It depends on the Prosecutor and the Judge. If you push this issue you will talk yourself out of the opportunity to plea bargain the ticket to a "no-point" violation. (If you intend to avoid the points, better leave that argument for another day/another time) Judging from your question, you don't dispute that you were speeding. So, shoot for the no point downgrade, pay the fine and be done with it. Good luck.
Re: Wrong Date on a ticket
In short that will not work. I know it works in some states including Florida but not in New Jersey. The courts allow the State to amend the ticket even on the actual trial date. If you would like representation in negotiating with the prosecutor call me at 732-286-2170.
John Ducey
Re: Wrong Date on a ticket
First off I must disagree with my esteemed colleagues, points do not transfer to your PA license from NJ or NY...pay the fine or attend the hearing and ask for a reduced fine, it's your choice. But the costs for representation would most likely be more then the fine itself.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law
www.AlleghenyAttorneys.com
Re: Wrong Date on a ticket
Unlike New York, New Jersey does not like hyper technical defenses. The law in this state is that the clerical mistake is irrelevant because the summons was given to you by the officer on date of and immediately after the subject vehicle operation. I can help you avoid the points.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
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