NJ Traffic Ticket Attorney

Because your past driving behavior is indicative of your future behavior on the road, your driving history is a major factor in how your risk is viewed and, in turn, how your premium gets calculated. Let’s look into how your driving record affects your auto insurance rates.

DMV Points and Your Driving Record

Many states use a points system for tickets and moving violations. The points go on your driving record and stay for specified periods of time (determined by your state and by the violation). The more points you accumulate, the more likely you are to lose your driver’s license, and the higher the risk you pose to your car insurance company.

When you are considered a “high-risk driver” by your insurance provider, you are subject to higher car insurance rates because you are more likely to file a claim than someone with a better driving record.

Violations still go on your record even if you live in a state that does not use the points system. Moving violations such as speeding, reckless driving, and DUI on your record will still result in premium increases.

Learn more about how points and other infractions affect your car insurance rates by clicking this link: http://www.dmv.org

Forty three states have passed “Move Over” laws, which require motorists to “Move Over” and change lanes to give safe clearance to law enforcement officers on roadsides.

More than 150 U.S. law enforcement officers have been killed since 1999 after being struck by vehicles along America’s highways, according to the National Law Enforcement Officers Memorial Fund. To lower that deadly toll, a new coalition of traffic safety and law enforcement groups is launching a nationwide public awareness campaign to protect emergency personnel along our nation’s roadsides.

Pic”Move Over, America” is a partnership originally founded in 2007 by the National Safety Commission, the National Sheriffs’ Association and the National Association of Police Organizations. Most recently, the partnership has also received the full support of the American Association of State Troopers. The campaign is the first nationally coordinated effort to educate Americans about “Move Over” laws and how they help protect the law enforcement officers who risk their lives protecting the public.

According to a national poll by Mason Dixon Polling & Research, sponsored by the National Safety Commission:
71 percent of Americans have not heard of “Move Over” laws;
86 percent support enacting “Move Over” laws in all 50 states; and
90 percent believe traffic stops and roadside emergencies are dangerous for law enforcement and first responders.
The poll was conducted among 625 registered voters from June 23-25. The margin of error is plus or minus 4 percent.

Visit Move Over America to learn about the laws in your state.

The best way to avoid getting a traffic ticket is avoid getting pulled over in the first place. In New Jersey there are a few tell tale ways to avoid getting pulled over and ticketed before a cop even spots a moving violation. Keep these in order and you may have a better chance of getting out of a ticket if you do get pulled over…

1. Keep your inspection sticker up to date. An out of date sticker is a big red flag waving “Pull me over and check me out”!

2. On that note, make sure your license is not expired and your car registration is up to date as well.

3. “Click it or Ticket” – Wear your seatbelt. Cops can see you and your passengers and can pull you over for it.

4. Get off the phone and drive. Talking on the cellphone is a first offense and can get you pulled over. Go hands-free or wait until you arrive at your destination. Same goes for texting, checking email, Facebook, etc…

5. Check your lights and cars exterior – you can get pulled over for a headlight or tail light out, driving with your headlights off at night or in the rain, etc.

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.

Getting a Speeding Ticket in NJ can be a real hassle; instead of saving time by driving over the speed limit, when it comes down to it, you are doing the complete opposite. Speeding tickets mean time spent pulled over waiting for the Police Officer, a possible lengthy vehicle search, the cost of the speeding ticket, and of course, the rise in your car insurance premiums. There are ways, however, that you can go about fighting a Speeding Ticket in NJ.

First of all, never admit to your personal guilt of anything. Often times when you are pulled over, the first question the Officer will ask is how fast do you think you were going? Don’t incriminate yourself, if you admit to speeding at this point in the encounter, there really is no way of fighting it; in essence you’ve already plead guilty to the charge, and have no choice but to pay the ticket.

Instead of answering the Officer’s question with an admission of guilt, respond with a question of your own. Ask the Police Officer if he or she has your speed on radar, and ask him or her how fast you were going according to the radar. Sometimes Police Officers do not use radar at all; instead they may use their “keen eye” to spot potential speeders, and hope that when pulled over, the violator will foolishly admit to speeding.

If you and the Officer have moved past this stage and he or she has already given you a speeding ticket, the next best thing you can do is defend yourself in court. Sometimes, Police Officers will not show up when summoned for a court appearance, especially for something as mundane as a speeding ticket. After all, to appear in court, the Officer has to take time from work, just like you do; this really is the best way to fight any speeding ticket.

Sometimes you will get lucky and the Officer will simply let you go with a warning. Reasons for this vary, and in reality it seldom happens; one should never expect to be let off with only a verbal warning. You can improve your chances, however, by being polite to the Police Officer, cooperating with him or her, and providing all of the information and/or documentation that is required, such as your driver’s license and proof of insurance.

It eventually happens to every one of us. Those blue and red lights appear behind us as we are driving along, seemingly minding our own business. When that moment does come, we are often lost in confusion and set into a panic. Whether you are pulled over on a NJ highway, or a small country road, there are steps that everyone should follow. Whether it be a NJ traffic ticket or other infraction, it is possible to minimize or avoid a negative outcome completely, by following the steps below:

1. Pull Over. As soon as you see emergency lights, or hear a siren behind you, pull over to the side of the road as safely and quickly as possible. Keep in mind, initially, the Police Officer may be going to another emergency and is not pulling you over. However, if you think you may have committed a traffic violation, pull over and stop completely. Be sure to look for an area that does not obscure traffic. If possible, pull off far enough out of the flow of traffic, so the Officer is not in danger of being struck by other vehicles. Also, try and find a lit or visible area, especially if you are in a rural or dark area, and use turn signals to indicate your intent to pull over. Do not coast. Come to a stop as soon as possible. If you do not, it may result in the Officer being unsure of your actions and suspect that you may have something to hide.

2. Keep your hands visible and do not make any quick or excessive movements. Officers are trained to suspect the worse and act accordingly. Irrational actions often receive strict reactions from Officers. Most likely the Officer does not know you, especially if you are in an urban area or where there is high traffic, like the NJ turnpike. Excessive movements may cause the Officer to believe you have something to hide and may put the Officer on high alert.

3. Be Polite. Even if you will be late, can’t afford another traffic ticket, or have to use the bathroom, etc…, you must treat the Officer in a polite and respectful manner. Being nervous is fine, but rude is not. You do not have to smile, but saying “sir,” “ma’am,” “please,” and “thank you,” can go a long way. If you show respect you should receive it in return. Above all, never curse. That is one of the biggest forms of disrespect, even if it is in your regular vocabulary, it is not respectful to others, especially to an Officer.

4. Follow Instructions. If the Officer wants you to get out of the vehicle, he will tell you; otherwise, stay in your vehicle. If the Officer asks to see your license and registration, by law you must identify these documents to him or her. When you do not follow instructions, it leads to arguments and foul tempers on both sides; which may lead to leniency with the Officer and possibly even the Judge. Failure to follow instructions almost always results in a traffic ticket, rather than a warning, or sometimes even more serious consequences.

6. Do not lie or make excuses. Honesty goes a lot further than a quickly hatched excuse. Police Officers can easily detect lies, not only by what you say, but by your body language, and by asking various questions to see if you have inconsistent answers. If you lie to an Officer once, no matter how small of a lie it may be, it makes the Officer suspicious of your behavior, and anything else you say after that point will be viewed as a lie in the Officer’s opinion.

7. Talk as little as possible. Do not give elaborate stories or excuses, especially if you are hiding details. If you do not want to get caught in a lie (see step 6), than include as little details as possible. Some people also talk a lot when they are nervous. If you remember to try and keep your answers short and simple, you may appear more calm and collected. Also, remember that everything you say from the moment the Officer approaches your car, may be admissible in a New Jersey Court of Law. Additionally, silence is not an admission of guilt, but may result in the Officer being more suspicious and less accommodating.

It seems like a lot to keep in mind; but in reality, you just need to remember to be polite and respectful to the Officer, while saying as little as possible. If you find yourself facing a traffic ticket in New Jersey, the steps above, should help minimize any consequences you may encounter.