There is no doubt that driving on the roadways in Hudson County can, at times, be very stressful, and this stress can cause drivers to unintentionally disobey the local traffic laws which can create problems with the legal system. However, there are also times where Hudson County drivers are cited with traffic tickets for violations that they did not commit, regardless of the perception of the police officer issuing the ticket. Whether you have been cited for an erroneous ticket or you are hoping to have the charges reduced, here are the steps to beating a traffic ticket in Hudson County New Jersey.
There are quite a few steps that will need to be taken to fight a traffic ticket in Hudson County NJ, but before you call the local municipality to schedule a court date there are some questions to consider. Perhaps the most important question to ask yourself is “do I have enough evidence to support my case?” If you are unsure as to what the term “evidence” means in this situation, you will want to contact a professional and experienced Hudson County ticket law firm .
There is no doubt that driving on the roadways in New Jersey can, at times, be very stressful, and this stress can cause drivers to unintentionally disobey the local traffic laws which can create problems with the legal system. However, there are also times where drivers are cited with traffic tickets for violations that they did not commit, regardless of the perception of the police officer issuing the ticket. Whether you have been cited for an erroneous ticket or you are hoping to have the charges reduced, here are the steps to beating a traffic ticket in New Jersey.
There are quite a few steps that will need to be taken to fight a traffic ticket in New Jersey, but before you call the local municipality to schedule a court date there are some questions to consider. Perhaps the most important question to ask yourself is “do I have enough evidence to support my case?” If you are unsure as to what the term “evidence” means in this situation, you will want to contact an attorney.
Another thing to consider when in the beginning stages of fighting a ticket is the amount of time that will be needed to properly argue your case. If you have a busy work schedule then that can cause issues, especially if you are not able to accommodate the court's schedule. Of course, the initial hearing date that is posted on the ticket can be changed so long as there is what is called “reasonable postponement.” To be granted a postponement you must contact the court prior to the hearing date and explain your circumstances. You may call the court at any time, but it is wise to give them a few days notice at minimum.
In addition to time constraints and evidence, you need to ask yourself if the violation is going to lead to more points on your driving record. It is no secret that points on a driving record are problematic, as they can cause a spike in insurance premiums, which could eventually lead to a suspension or revocation of driving privileges. If you are unsure as to the ramifications of the violation that you were cited for you should contact the local court and they can explain the points associated with the citation and also any fees that might have to be paid. It can also be good practice to contact a New Jersey lawyer to discuss the possible ramifications that may be caused by the ticket.
While the process for fighting a ticket is the same in all of New Jersey, there are municipalities that ask for an advanced notification of your intentions no less than 3 days prior to appearing in court for the first time. And although a few days warning is all that is typically requested, it is best to contact the court immediately after receiving the ticket to make sure that you are scheduled in the system. Failure to check in with the court could result in unwanted delays and it may end up hurting the case in the end. As mentioned, if you cannot make it to the initial hearing date, then you must call the municipality to reschedule.
After you have scheduled a court date, then it is recommended that you get ahold of an NJ lawyer to discuss your options moving forward. Of course, you do not have to contact an attorney, and in fact, you can discuss your case with a court-appointed lawyer for no charge, if at all possible you will want to hire an independent attorney. By hiring a traffic ticket lawyer your chances of winning the case will be significantly greater.
Once you speak with a lawyer, they will assess your case and determine the steps that should be taken to move forward with the case. If your lawyer feels that there is not sufficient evidence to support your case, then you may be instructed to opt for a plea agreement. By accepting a plea agreement you are telling the court that you were at fault in the hopes that this admission will prompt them to reduce the charges. In this case, the judge will make a decision on whether you should be held responsible for all related fees and points. If you feel strongly about your case, then you should not consider a plea and instead prepare to argue your case in court.
If you have forgone a plea agreement and you are intent on fighting the charges, then you will need to contact a traffic ticket attorney and inform them of your decision. A traffic ticket lawyer is someone who specializes in the defense of those who have received traffic violations. The lawyer’s knowledge can be a great asset, as they will know exactly what type of charges you are facing, as well as the fines and points associated with the ticket. In addition, the attorney will be able to let you know what the possible consequences of the case will be if you are found guilty versus a not guilty ruling. There are certain cases, such as those that involve DUI charges, where hiring a lawyer is the only way to properly fight against the court. These are the times when you must rely on the experience of the attorney to guide you through the process and hope for a positive outcome.
An experienced attorney can also determine what they feel will be the most convincing pieces of evidence that should be presented to the judge in order to substantiate your case. And while the amount and type of evidence that can be used will be dependent on each individual case, the primary goal is to come up with tangible facts that will help prove you were not at fault for the violation.
If there is no outright evidence to prove your innocence then your lawyer may bring into question the conclusion of the officer that led to the citation. This is essentially playing on the idea that the officer made a mistake during the traffic stop by citing you for an erroneous ticket. There are specific cases where this type of defense is especially effective, such as those where it is the officer’s word against yours. One example of such a scenario is if you received a ticket for taking a turn that was deemed unsafe by the officer. In this case, you can always argue that you did not feel that there was anything unsafe about the turn and that you were acting within the local traffic laws. And while there is no guaranteeing that the judge will drop the charges, it will give your case a chance.
Once both sides have presented their cases to the court, the judge will render one of two probable outcomes – guilty or not guilty. If the court finds that you did not produce enough evidence to substantiate a dismissal of the charges then you will be made to cover all related fees and, in addition, the points that accompany the violation will go on your driving record, which means that your auto insurance premiums will rise.
However, if the judge feels that you have formulated a strong case, then you may receive a non-guilty verdict. If you are found not guilty, then you will not be held accountable for any of the traffic ticket fees or court-related expenses. Furthermore, this means that you will not have to fret over the points being added to your driving report as all points will be eliminated.
In the event that you were found guilty and you believe that this decision is not correct, then you can appeal the ruling. Unfortunately, to appeal a case you must pay a non-refundable fee of $100 and this does not guarantee that you will be granted an appeal. Instead, the court will review the judgment to see if they agree that you were wrongly convicted.p>The state of New Jersey has dozens of different traffic laws and there are times when these get neglected by drivers leading to traffic violations being issued. If you were cited with a ticket, regardless of the circumstances, you should consider contacting an attorney immediately so that they can help guide you through the process. A qualified New Jersey traffic ticket attorney can take an assessment of the case and determine a plan of action. In addition, they will be aware of what the most probable outcomes will be, so you can better prepare for the ruling. If you have been cited for a traffic violation, keep in mind these steps to beat a ticket in New Jersey.