What Are The Common Types Of Traffic Violation Cases In New Jersey?

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Police officers pull most people over for speeding, crossing a line on the roadway, having taillights or headlights out, or tailgating. Officers will also charge careless driving and reckless driving as a companion to something even more severe like drunk driving.

Are People Typically Hesitant To Challenge Traffic Violation Offenses In Court?

Many people don’t hesitate to fight traffic violations. But far too many people plead guilty to violations thinking that these offenses are not that serious. The problem is, they add up. Before they know it, what was at one-time minor offense turns into a serious situation due to the accumulation of motor vehicle points that can ultimately lead to administrative action causing the revocation of your driving privilege. Smarter people call an attorney. If I’m called, I can instruct them on how to handle a matter by themselves without spending money on hiring an attorney. If they cannot get a reasonable resolution of the case, I’ll give them an exit plan so they can then hire me. The exit plan is simple: Tell the prosecutor, “This case is more complicated than I thought, and I’d like to consult with an attorney.” Those magic words—“I’d like to consult with an attorney” will avoid anything being forced on you.

Is It Worth Fighting A Traffic Violation In Court? Why Is It Imperative To Have Experienced Legal Counsel Look At Your Case?

It’s always worth talking to an attorney if your objective is to avoid insurance consequences or motor vehicle points. There are many lesser traffic violations that have no motor vehicle or insurance eligibility points associated with them. These types of tickets can be freely plea-bargained. If a prosecutor does not want to work with you and give you a reasonable resolution, there is minimal downside risk associated with the trial. So, at that point, it would be worth hiring an attorney, someone familiar with litigation and trial procedures.

What Warrants A Traffic Stop Under New Jersey Law? What Must The Officer Observe?

Most traffic violations are based on the officer’s direct observation, either the observation of high speed, crossing a line, tailgating, careless driving, or traffic accidents. Even if an officer has not witnessed a violation, they are entitled to infer careless driving from the circumstances. To issue a complaint, all an officer needs is reasonable suspicion, which can be based not only on what the officer sees but also what other people tell the officer and the peculiar circumstances of the encounter. While police can issue tickets relatively freely, it’s a far cry from reasonable suspicion to proof beyond a reasonable doubt at trial. This is where plea-bargaining can become very effective.

What Do Officers Look For When They Approach A Vehicle At A Traffic Stop?

Personal safety is the officer’s first consideration. The officer is looking for any indication of a threat. They’ll look in the windows to see if any guns or weapons are within reach. They’ll step back from where the driver is seated so that the driver must turn their body in such a way that it gives the officer an advantage.

Once an officer is at the window and determines that things are safe, he or she will reposition and try to make other observations like smelling any odor of alcohol or marijuana. While those two factors in and of themselves do not amount to reasonable suspicion, the odor , in combination with other observations the officer makes, can become a piece of the puzzle that dictates how the encounter continues.

The officer will ask for driving credentials to see how the person retrieves and presents them. The officer will probably ask some general questions such as where are you coming from and where are you are going to. The officer will then ask follow-up questions to see how you answer and handle the inquiries. The officer will look for signs of nervousness and other indicators that might mean further investigation is warranted. But, of course, in most circumstances, there is no further investigation. The officer will take the driving credentials and issue either a warning or a motor vehicle ticket. Sometimes, the officer will just even let you go without any further encounter. Every stop is different.

If the encounter leads to a request to get out of your car, you should comply. But at this point, you are now the target of a more serious investigation. Invoke your right to remain silent by politely saying, “Officer, I won’t be answering any questions.” If the officer asks you to submit to eye or balance tests, politely say, “On the advice of my attorney, I will not do any field tests.”

If arrested in New Jersey, comply with the officer’s instructions, but do not answer any questions calling for information about the day or night of the arrest. If the officer asks you to submit breath samples, do so. It’s also okay to provide pedigree information and to contact someone to pick you up from the police station.

When the dust settles, call an attorney experience with defending these kinds of cases.