I got pulled over for doing 39 mph in a 25 mph. I had my car in the shop for a tune up the day before and when I was driving home from work (where I got pulled over) none of my turn signals or headlights worked. I think my speedometer was effected as well cause everything in my front panel was acting wierd. I thought I was doing 31 or 32mph.
I have a court date in 2 weeks and the officer was really cool about everything even though I was from philly and said I could show up and he'll take the points off and I could just pay the fine.
Would you just take the $95.00 fine and no points or should I mention anything about the mechanical problem to see if that could get me from paying the fine as well?
2007-05-23 02:06:41 · 8 answers · asked by KaidenMC 1 in Politics & Government ➔ Law Enforcement & Police
Jacob---I didnt plead guilty and I'm not going to do that cause then I know I get the points. The cop said that he was going to show up on the court date and have the judge take the 2 points off so the points will most likely not be an issue as long as I just show up and not be an A$$ to the cop. Also when I get in there I will obviously say I wasnt speeding at all.
2007-05-23 02:26:16 · update #1
ken---I'm sure the judge has some say in Jersey but I've gotten a ticket in philly where the cop noted that the points should be taken off and the judge just said ok. Also this is a really small town in South Jersey that is about 3 miles in each direction so I'm pretty sure the judges and cops are really familiar with one another. I'm just hoping the cop doesnt have a bad day that day and decide to hand me the points as well.
2007-05-23 02:40:52 · update #2
Speeding in New Jersey is a 'Prima Facie' offense. Meaning that regardless of the reason for the speed, or whether there was any intent to exceed the limit, all that matters is if the speed limit was exceeded.
There is still another option besides trying to prove you were not exceeding the limit.
If you enter a not guilty plea to the summons you will be given a court date to appear. Prior to going before the judge you will be required to speak with the Prosecutor, at which time he/she will ask 'what your story is'. If your driving record is not a mess, you will be offered the option of entering a plea of guilty to Unsafe Driving (39:4-97.2). The Unsafe Driving will become a part of your drivers abstract and there is a $250 fine plus court costs to the plea. The benefit is there will be no points assessed to your license.
The Unsafe Driving addition to the abstract will be on your NJ Drivers License Number (you will be assigned a number by the motor vehicle commision upon convistion of an offense). I do not know if PA assigns points for out of state moving violations (for a speeding ticket). You will probably have to call your state agency, the number should be here:
http://www.dmv.state.pa.us/
2007-05-23 06:50:44 · answer #1 · answered by steve_1185 3 · 0⤊ 0⤋
If you are convicted of or plead guilty to speeding in New Jersey, the points associate with it are mandatory. If that is what the cop told you he was lying. Points are assessed for any moving violation involving speed. The police officer has no say once the summons is issued. You would do much better to show up in court simply because sometimes the cop fails to show up and you can win.
Never admit you thought you were "only going 31 or 32" in a 25 MPH zone. Always state you thought you were going the proper speed for the conditions and you were not just staring at your speedometer but watching where you were going.
.
2007-05-23 02:19:32 · answer #2 · answered by Jacob W 7 · 0⤊ 0⤋
In reference to the above poster. I don't know how New Jersey works. But here the judge has some say over whether or not points go on a license.
If your speedometer really was effected, get it checked out and have someone testify for you. It might not get you out of the whole fine. But the judge may take some pity.
2007-05-23 02:33:04 · answer #3 · answered by Kenneth C 6 · 0⤊ 0⤋
Take the deal. Ignorance is not a defense. You could end up spending more trying to fight the charge and lose. The truth is that if the car was acting up, it was unsafe and you should not have driven it. If the shop did damage to your car, you could contact a lawyer and sue them. If you choose this route, contact your local or state bar association for a referral. The first consultation is usually free.
2007-05-23 02:13:49 · answer #4 · answered by JAY O 5 · 1⤊ 0⤋
Dude, if I was in Jersey I'd be doing like 100 just to stay ahead of the stink. And you live in Philly?? Man, just throw yourself on the mercy of the court, the judge will understand. And try Wyoming, you can go like 1,000 because there's hardly anyone living there and it don't stink.
2007-05-23 02:21:23 · answer #5 · answered by timbo44b 3 · 0⤊ 1⤋
If you show up, they will probably reduce the fine, too but will it be worth your time to spend several hours in court?
2007-05-23 02:15:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
pay the fine and move on. If you get away without points you're lucky.
2007-05-23 02:15:07 · answer #7 · answered by eva2devine 2 · 0⤊ 0⤋
you talk about the lights and you get more tickets!
2007-05-23 05:33:16 · answer #8 · answered by mark v 1 · 0⤊ 0⤋