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Beat Your Ticket: Go to Court & Win

Author: admin  //  Category: Fighting a Traffic Ticket, How to Hire an Attorney, NJ Traffic Laws, Speeding Tickets, Traffic Court, Traffic Tickets

Everything you need to fight an unfair ticket!

We’ve all received one — a traffic ticket that seems completely unfair, the result of an officer’s evening quota rather than a serious moving violation. But do you have to pay the penalty and watch your driving record crash and burn?

Not if you choose to fight back with Beat Your Ticket.

Beat Your Ticket simply and clearly lays out the best strategies for beating tickets in court. The book explains in plain English how to:

use the law to fight an unwarranted ticket
find out what the police officer plans to say at your trial
attack radar and other detection methods
pick a jury
present your case
cross-examine the ticketing officer

The 6th edition is extensively updated to reflect your state’s current traffic laws and court procedures.
About the Author
David Brown practices law in the Monterey, California area, where he has represented both landlords and tenants in hundreds of court cases — most of which he felt could have been avoided if both sides were more fully informed about landlord/tenant law. Brown, a graduate of Stanford University (chemistry) and the University of Santa Clara Law School, also teaches law at the Monterey College of Law and is the author of Fight Your Ticket (CA version), Beat Your Ticket (the national version), The Landlord’s Law Book, Vol. 1: Rights and Responsibilities; The Landlord’s Law Book, Vol. 2: Evictions and co-author of How to Change Your Name in California and The Guardianship Book for California.

 

Beat Your Ticket: Go to Court & Win

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Speeding Ticket Points

Author: admin  //  Category: Fighting a Traffic Ticket, NJ Traffic Laws, Traffic Court, Traffic Tickets

2 Point Speeding Tickets
Exceeding maximum speed 1-14 mph over limit

4 Point Speeding Tickets
Exceeding maximum speed 15-29 mph over limit

5 Point Speeding Tickets
Exceeding maximum speed 30 mph or more over limit

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NJ School Bus Traffic Rules

Author: admin  //  Category: NJ Traffic Laws, Other, School Bus Laws, Traffic Court, Traffic Tickets, Violations

The best way to fight a speeding ticket is to not get one at all. One of the biggest hot zones is a school zone or around school busses.  Police will rarely write warning and judges are very strict about these tickets and not risking the lives of children.  Here are some school zone and school bus rules you should be aware of.

Do not pass or closely approach a school bus with flashing red lights.

School Buses

  • All vehicles must stop for school buses at least 25 feet away on any public or private road (separated by lines)  or parking lot when a bus uses its flashing red lights or when it has stopped.
  • Slow down to 10 mph if traveling on a dual highway, if on the opposite side of a safety island or a raised median.
  • School buses are equipped with yellow, amber or red flashing lights. Yellow or amber lights before the bus stops, and red lights go on when it has stopped. Do not depend on these lights if traveling behind a school bus. These lights could be malfunctioning.
  • When the bus stops, motorists traveling behind or approaching the bus must stop at least 25 feet from the school bus. Watch for children, and then proceed slowly, at 10 mph.
  • If a school bus has stopped directly in front of a school to pick up or let off children, pass from either direction at no more than 10 mph.

The fines for the improper passing of a school bus are $102 to $252. A driver convicted of this offense can be sentenced to up to 15 days of jail, or 15 days of community service.

In most improper passing school bus cases, a driver will lose driving privlidges for 30 days. A driver is assessed five points for improperly passing a school bus.  In some cases it can be reduced to 2 points but a judge, but rarely if ever is a school bus passing offense reduce to zero points.

Rule of thumb – when in doubt … STOP!

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Tips to Fight a DUI/DWI Charge in New Jersey

Author: admin  //  Category: DUI / DWI, Fighting a Traffic Ticket, Fines, Getting Pulled Over, How to Hire an Attorney, NJ Traffic Laws, Traffic Attorneys, Traffic Court, Violations

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Driving under the Influence and Driving while Intoxicated are serious violations in the State of New Jersey, and even though should you never drive under the influence or while intoxicated because it puts your life and the lives of other people at risk; there may be a day when your judgment is impaired and you find yourself driving under the influence and consequently, being pulled over by the Police.


It is important to note that intoxication in the State of New Jersey isn’t just alcohol intoxication, it can also be other substances that are illegal or prescribed. It is important to be prepared if you are charged with a DUI and/or DWI, because you can fight these charges in NJ. When charged with a DUI or DWI in NJ, you need a good lawyer who is knowledgeable in the criminal justice system.


If you are stopped by a Police Officer who suspects that you are under the influence in New Jersey, you will be required to carry out some road side tests. You may also be asked incriminating questions with no Miranda advisement of rights, and with no right to talk to an attorney. If the Police Officer thinks that you are under the influence, you will be arrested for a DUI and/or DWI in NJ.


Once you are arrested, you will be videoed at the police station, while you are questioned further. After you have been arrested, you will also be asked to undergo breath and blood tests, usually at the police station. A knowledgeable DUI/DWI defense attorney in New Jersey knows that sometimes the breathalyzers used are incorrect or unreliable, and that some of the Police Officers who use these devices are not familiar with the correct procedures. If the breathalyzer shows that you are over .08%, if there is a blood sample rejected, or you refuse to be tested, then you will be reported and the Police will remove your license and provide you with a Notice of Suspension.


When you choose an attorney to deal with your case, you need to choose someone who is properly educated, skilled and committed to fight your DUI and/or DWI charge in NJ. Going to court can be stressful, and you need to know that the lawyer defending you is experienced at defending DUI and DWI charges. Your lawyer needs to know when to stand up on your behalf, and when to negotiate.

Additionally, learn your case and take the time to fully understand your actual charges. When you go to court with the proper knowledge of the court procedures and the law, it will make you more prepared and the court will take you more seriously. It will also prepare you for the possible consequences, and how the outcome may affect you. If you invest the time and effort to study your legal needs, then it will help with any future proceedings. Conducting a Google search will provide resources that can give you pertinent knowledge pertaining to your case.

Additionally, make sure you dress appropriately for court by wearing business attire, i.e. a suit. Business attire portrays professionalism and reflects to the court that you are taking the charges seriously. Do not appear in court wearing jeans and a t-shirt, as this shows that you are not taking your DUI/DWI case seriously and that you are unprofessional.


Don’t be foolish and believe that you cannot defend against DUI and/or DWI charges that you may receive. Fighting a DUI/DWI in NJ will usually enable you to receive a reduction of charges and/or fines. The Judge will see that you have invested time and effort in your case and will probably look at your case with a little leniency, as compared to someone that doesn’t defend their case properly or take their case seriously.

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Tips to Help You Defend Your Case

Author: admin  //  Category: Fighting a Traffic Ticket, Fines, How to Hire an Attorney, Speeding Tickets, Traffic Attorneys, Traffic Court, Traffic Tickets

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Many people want to know how to fight a traffic ticket, but they usually try to do it themselves. The best way to fight a traffic ticket is by hiring a traffic ticket attorney. Traffic Ticket Attorneys specialize in fighting traffic tickets for speeding, improper turns, accidents and other infractions. Before going to court to fight the ticket, you should contact an attorney and find out what your outcome could possibly be if you were to hire him or her.


There is one thing that a person can do for themselves at the time a traffic ticket is being issued; take down notes that will help the traffic ticket attorney defend your case. Note the time of day, the weather conditions, and where the sun is if it is an accident. Note the speed limit sign and where it is located to where you were stopped. If it is an accident, make sure to survey the area and the other car.

Drivers can do one thing to help in any situation.

 

Carry a disposable camera in the glove box. If something were to happen, you will have a camera to take pictures that might help with your case. Sometimes, a driver cannot see things in the pictures that an attorney can see. Traffic Ticket Attorneys are trained to look for the obvious and work from there.


If you feel your speedometer was correct and the Officer that stopped you was wrong, take your car immediately to a garage and have the speedometer read. This information will help an attorney defend you in a case where a speeding ticket was issued.

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Should You Fight Your Ticket in Court?

Author: admin  //  Category: Fighting a Traffic Ticket, Fines, How to Hire an Attorney, Speeding Tickets, Traffic Attorneys, Traffic Court, Traffic Tickets, Violations

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Okay, you ran that stop sign, failed to yield, sped in a school zone, and had a broken tail light; then to top it off, you forgot your wallet at home and your insurance card is expired! To make matters worse, because you argued with the Officer, or he was having a bad day, you were cited for every single offense.


So, do you pay the fines, or take your chances in Traffic Ticket Court? Your best bet is to go to court with a competent Traffic Ticket Attorney. When I was 18 and received my first traffic ticket for speeding, I made the mistake of just paying for the fines through the mail; and then found out from an angry phone call from my mother, that I received 4 points on my license and her insurance rate went up. The next ticket I received, several months later, I fought and received no points; but I did have to pay a fine (which is minimal compared to what your insurance company charges for having points on your license).


Additionally, you never know what the Judge will order, or what the District Attorney may offer you. Usually, at the very least, they will let you pay a reduced fine for not having the proper documentation at the time of the incident, if you bring the proper documentation with you to court. Can’t afford to pay the fine? Community Service and payment plans are also options.


In addition, if the Officer fails to show up at your trial, they may drop the charges altogether. However, in most cases, the charges are reduced, and sometimes even dropped, even if the Officer appears in court.

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When to Hire an Attorney for a Traffic Offense

Author: admin  //  Category: Fighting a Traffic Ticket, Fines, How to Hire an Attorney, Speeding Tickets, Traffic Attorneys, Traffic Court, Traffic Tickets, Violations

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If you decide to fight a traffic ticket there are a few things you should do immediately. First, when confronted by a Police Officer, remain calm and polite. Next, you should never admit to any negligent or criminal act. If you admit guilt at the time, such as saying you were speeding, it will be much harder to fight the ticket later. Finally, take notes and record any pertinent information. For example, ask the Officer for the specifics of how he established the speed you were driving, or what law you broke. If there is physical evidence such as a speed limit sign that is clearly obstructed by foliage or paint, take a picture of the sign.


There are several instances when a traffic ticket attorney would be beneficial in your quest to fight a traffic ticket. If you are out of your home state and receive a traffic ticket, it may be inconvenient or even impossible for you to travel back to the state that issued the ticket to appear in court. If this is the case, then a traffic ticket attorney could attend the court proceedings and plead your case for you. Even if you are close to home, there are some serious traffic tickets that it is best to hire a traffic ticket attorney for. If you have received a ticket for driving under the influence, an attorney is almost always needed. Additionally, tickets issued for accidents and driving without a license are more complicated, and a traffic ticket attorney can help you throughout the process of reversing or reducing your ticket.

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How to Fight a Traffic Ticket

Author: admin  //  Category: Car Insurance, DMV / NJ MVC, Fighting a Traffic Ticket, Fines, Traffic Attorneys, Traffic Court, Traffic Tickets, Violations

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You’re driving down the street and suddenly you notice the lights flashing in your rearview mirror. You’ve been pulled by a Police Officer for an offense for which you don’t think you are guilty. Was that light really red? When did that stop sign go in? Is the elementary school really in session at 7 p.m., requiring the need for reduced speed “while children are present?”


Often receiving a traffic ticket is a black and white offense. You knew what you were doing (racing to work, talking on your cell phone without a hands-free device, or cruising through a stop sign), and while a smile and apology might get you a warning once in awhile, the probable outcome is a traffic ticket.


Sometimes, however, the situation is not so clear cut. If the violation seems unclear, it is worth looking into further. Offenses which rely solely on the Officer’s judgment or visual range, were a result of a recent change in signage or truck blockage, or were created due to a natural obstacle, such as swerving to avoid an animal in the street, can be challenged.


This requires a careful look at the situation on your part, perhaps even a consultation with a traffic ticket attorney. If you “need” to fight the ticket because of concerns relating to insurance rates, or DMV and court records and want the best chance of dismissal, a traffic ticket attorney may be the best way to go.


If you just want to “try” to fight the ticket, self representation is not a bad idea. Make sure you bring any photos or professional looking intersection drawings that you can create to add credibility to your viewpoint. Consider the small factors, such as paint erosion or new signage. Relive the experience – were you speeding because you were experiencing chest pain and were trying to get to the hospital? Did you ask the Officer for help and receive a rebuff?

All these factors add up and can make or break your judgment. Hopefully you won’t find yourself in need of this advice for a very long time. Drive safe and good luck.

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