TRAFFIC OFFENSES
Should you consult an attorney when charged with a traffic offense?
Absolutely, call Mr. Traynor to discuss you circumstances and defense for your charges.
Careless Driving >>
Driving While Suspended >>
Driving Without Insurance >>
Speeding>>
Failure to Stop
Failure to Maintain Lane
Reckless Driving
Speeding
Penalties and Points
Careless Driving
Driving While Your License Is Suspended
In New Jersey a conviction of driving on a suspended license can carry a sentence of up to five years in jail and up to $2250 in fines and surcharges.
Driving on a suspended license: defenses
Was your license suspended due to unpaid fees?
Your driver's license may be suspended even though you did not commit a moving violation. Under New Jersey law, driving privileges are tied to a wide variety of financial obligations such as child support, failure to pay parking tickets, failure to pay DMV surcharges, failure to carry motor vehicle insurance, and failure to pay a license restoration fee. If that is the reason for your suspension, Mr. Traynor can help you clear up that obligation, and then petition the court to amend the charge to driving without a license.
Did you even know your license was suspended?
You may not even realize that the New Jersey Motor Vehicle Commission (MVC) mailed a Scheduled Suspension Notice to your former address. It is not unusual for a driver to be pulled over for a minor traffic violation only to be charged with a second violation—driving while suspended. The prosecutor must show that it took reasonable steps to inform you of your suspension.
Was your license suspended by the judge because of multiple violations?
Most New Jersey license suspensions result from multiple traffic violations that result in an excess of DMV points. Mr. Traynor will examine your previous convictions. There may be grounds to argue that the license suspension was not valid. Only after discussing your case with an attorney with the appropriate experience can you make a well-informed decision about whether to fight a charge of driving on a suspended or revoked license or plead guilty and pay the fine. Call the Law Office of Gerard W. Traynor to arrange a free consultation.
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Driving Without Insurance
In New Jersey the penalties for driving with no insurance are severe. If you are convicted of driving without insurance you will automatically lose your license for one year; pay more than $1000 in fines, court costs, and surcharges; and be sentenced to community service.
It is important to get legal advice as soon as you are charged. Contact our office and arrange a free consultation. Mr. Traynor will explain how he may be able to help. Defense to a charge of operating without insurance: Each case is unique and all circumstances need to be considered when forming a defense for driving without insurance.
• Was your motor vehicle insurance canceled without your knowledge, or because an agent failed to forward your payment?
• Were you driving a car owned by someone who was visiting New Jersey or had recently moved to the state?
• Were you ever notified of your policy being canceled?
• Did you think you were insured under a policy owned by another member of your household?
• "Operation" is defined differently for an insurance issue than in a case involving drunk driving or driving under the influence of drugs. Were you truly operating the uninsured vehicle?
• Will the court amend the charges to "failure to exhibit documents" if you have a valid insurance card by the time you go to court?
If you have been charged with driving without insurance, you can only make a well-informed decision about how to proceed after discussing your case with an attorney with the appropriate experience. If you would like to speak with a traffic lawyer from our firm, call 609-652-5300 for a free consultation.
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New Jersey Speeding Tickets
In New Jersey, if you are driving in excess of 1-14 mph over the speed limit, it is a 2 point ticket. If you are driving 15-29 mph over the limit, it is a 4 point ticket. If you are driving 30 mph or more over the speed limit, it is a 5 point speeding violation.
Defense Lawyer & Former Prosecutor
If you have received a New Jersey speeding ticket or speeding summons under N.J.S.A. 39:4-98, call the office. Mr. Traynor has extensive experience in handling speeding violations and other municipal court offenses throughout New Jersey.
New Jersey Speeding & Motor Vehicle Points
In New Jersey, if you are driving in excess of 1-14 mph over the speed limit, it is a 2 point ticket. If you are driving 15-29 mph over the limit, it is a 4 point ticket. If you are driving 30 mph or more over the speed limit, it is a 5 point speeding violation.
In addition, a police officer can issue a reckless driving ticket involving N.J.S.A. 39:4-96 where he believes that your speed was so high or excessive as to involve reckless driving. Reckless driving carries an additional 5 points. Therefore, if you are driving at an excessive speed, typically 30 mph or more over the speed limit or higher than 90 m.p.h, it is not uncommon that a state trooper or local police officer shall issue both the speeding summons and a reckless driving summons.
If you accumulate 12 or more motor vehicle points on your New Jersey Drivers License, your license will be subject to suspension. It is, therefore, imperative that you consult with an attorney and defend a speeding ticket or speeding summons instead of permitting points to accumulate and deciding to defend yourself when it is too late.
Nonresident Drivers Receiving NJ Speeding Tickets
N.J.S.A. 39:4-9.1 of New Jersey's Motor Vehicle laws provides for an exchange of NJ Speeding Ticket information with states who have enacted reciprocal exchange laws. Virtually every state now has reciprocity with the State of New Jersey so it is important that an out of state motorist or nonresident makes sure that a speeding ticket is appropriately defended so as to minimize and/or eliminate any impact on their license. Nonresidents should also keep in mind that representation can customarily be accomplished by affidavit. Indeed, most New Jersey Municipal Court Judges will allow our NJ Traffic Ticket Defense Lawyers to appear on behalf of an out-of-state defendant, waiving a personal appearance by the defendant, and permitting the case to be resolved and a negotiated plea to be entered using an affidavit drafted by our office and executed by the out-of-state client. Please do not hesitate to call us for assistance.
Fines for New Jersey Speeding Summons Can Be Doubled
The fines for NJ Speeding Violations are doubled under the following circumstances: • whenever a driver is found guilty of a NJ Speeding Violation of 20 miles per hour or more over the speed limit; • whenever a driver commits a New Jersey Speeding Violation within a 65 mile per hour speed zone; • whenever a driver is speeding in a NJ Construction Zone as outlined in N.J.S.A. 39:4-203.5(b); or (d) whenever the driver is speeding a New Jersey Safe Corridor Area.
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GERARD W. TRAYNOR, ESQ
(609) 492-3242
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