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krell
Joined: 10 Jul 2008
Posts: 10
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| Posted: Sun Jul 13, 2008 8:38 am Post subject: Traffic ticket in NJ. Plea bargain ? |
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Hi. I got a ticket for weaving a few weeks ago, in NJ on 287. I don't think I was actually weaving. I was doing 67 in a 55, and the cop pointed that out, but spared me that ticket. Also, he said I did not have the proper registration in my truck (company truck), and let me go on that also. So all I got was the ticket for weaving. statute 39:4-88B.
The ticket says to go online to a website and enter the ticket number to get the fine. But the website always says the ticket is not found, and to call the municipal courthouse. Called the courthouse, and the clerk who answered said it is an $85 fine and 2 points. Also said I can plead not guilty, and pay $200 instead of $85, and get it reduced to something with no points, like seatbelt, or obstrucing traffic, by talking to the prosecuting attorney before the hearing.
I plan on paying the $200 and avoiding the points. I didn't ask her about the DAC report.
Anyone actually go through this process? Is it that simple? Show up at hearing, pay extra money, walk away with no points? What about the DAC? Does the DAC get anything on it?
Thanks |
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TomB985
Joined: 14 Sep 2006
Posts: 240
Location: Columbus, OH
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| Posted: Sun Jul 13, 2008 10:14 am Post subject: |
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From the perspective of what's best for YOU, you should DEFINITELY fight it, and take a plea bargain for a non-moving. I've done this in the past for a couple relatively minor violations when I was younger, and they never went on my record, and kept my insurance cheap!
But...what in the HELL were you doing weaving through traffic, doing 12 over...in a truck??? :shock: :shock: :shock: |
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hoohaa
Joined: 15 Feb 2004
Posts: 414
Location: Cleveland,TN
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| Posted: Sun Jul 13, 2008 10:48 am Post subject: |
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| Pay the 200 dolllars, keep the points off your license and be carefull next time. |
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krell
Joined: 10 Jul 2008
Posts: 10
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| Posted: Sun Jul 13, 2008 12:51 pm Post subject: |
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TomB985 wrote: From the perspective of what's best for YOU, you should DEFINITELY fight it, and take a plea bargain for a non-moving. I've done this in the past for a couple relatively minor violations when I was younger, and they never went on my record, and kept my insurance cheap!
But...what in the HELL were you doing weaving through traffic, doing 12 over...in a truck??? :shock: :shock: :shock:
I don't think I was weaving. No cars around, anyway. It was 2 am, highway was empty (except for the cop, of course). |
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Josborn
Joined: 23 Dec 2007
Posts: 249
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| Posted: Sun Jul 13, 2008 1:35 pm Post subject: |
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Get a lawyer. For tickets like that, it should cost no more than $150 for their services.
I know.....you think that you can handle it yourself. I use to think the same way. But the tickets that I used a lawyer for doesn't appear on my DMV report.
Just my humble opinion. |
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Sealord
Joined: 20 Jun 2005
Posts: 1729
Location: Florida
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| Posted: Mon Jul 14, 2008 6:40 am Post subject: Ticket |
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| Don't forget to tell your company safety bubba. BOL |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4664
Location: East Central IL between the corn and the beans
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| Posted: Mon Jul 14, 2008 8:20 am Post subject: |
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Just want to point out a few things:
1. Unless you have a NJ CDL how many points you will get on your license for this offense will be up to your home state if you are found or plead guilty to it. Same thing if you take a plea bargain for a lesser "no points" offense. Just because that offense is no points in NJ does not mean it is no points in your home state.
2. For future reference the courts, court clerks, etc have nothing to do with DAC and many probably have never heard of it. DAC simply gathers information about your employment, criminal and driving records from various sources and passes it on to companies that request it.
To answer your question as to whether or not your DAC report will end up with anything on it. That depends on whether or not this ends up on your MVR. |
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krell
Joined: 10 Jul 2008
Posts: 10
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| Posted: Wed Jul 16, 2008 11:06 am Post subject: |
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Uturn, great points ! Thanks. Thanks for the replies, everyone.
Now I just have to get a new court date, since I'm pleading not guilty, and hope no last minute surprises pop up. I'm planning on NOT using a lawyer. I plead not guilty to a 3 point ticket in NJ before, in my car, about 10 years ago, went to court, and paid a pretty big fine, got it reduced to a non-moving violation, and the ticket doesn't show up on my DAC currently ( I wasn't a truck driver back then, though).
Thanks again. |
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krell
Joined: 10 Jul 2008
Posts: 10
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| Posted: Sat Jul 19, 2008 2:42 pm Post subject: |
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Update. It's going to be $485 :shock: not $200. The first clerk was sweet talking me. The reality is $200 for points off, $35 court costs and surcharge of $250 to the nice folks at Nj DMV !!!!
Jeez. Makes me wonder if I should just take the hit on 2 points, and only pay $85, and plead guilyty.
Or maybe take a chance, plead not guilty, have a good spiel prepared about why I was weaving or not weaving, and ask the judge to find me not guilty. All I would have to lose then is the $35 court costs, even if he finds me guilty. Of course I would have the 2 points.
What a friggin disaster.
I called a lawyer and it sounds like he would just hold my hand for $500 and watch as I paid the $485. He said 80 percent of his traffic ticket clients end up just paying the $485 to get the points off.
The lawyer said I would have a CHANCE of having the judge find me not guilty if I admitted that I was weaving (so as not to accuse the cop of lying), but I had to weave because of xyz, safety, etc.
Stay tuned for more exciting reports. |
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