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
609-567-0800
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