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What are options to contest a 4 points speeding ticket in NJ?
Anonymous3 views3 answers
Hi, I got a speeding ticket in Middlesex County, NJ for doing 75 in a 50 limit. This is my first ticket ever in my 7 years of driving. What is the best approach in trying to minimize the impact on my driving record? I don’t mind paying the fine, but would like the points to go away if possible.
I would suggest hiring an attorney in your area who has experience as a judge, prosecutor, or public defender in a municipal court, or is someone who regularly appears in these matters.
If you share the facts with your attorney and there is a "rational basis" for changing the offense to a non-point charge, then the prosecutor may recommend this to the judge. Prosecutors are barred from just changing charges without proving they had a rational basis to do so. Your attorney can help present the facts in such a way that the prosecutor may feel comfortable taking this action.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
Edison is a very reasonable Court. All three prosecutors are knowledgeable and will assess any case with an eye toward negotiation. The 39:4-97.2 statute permits a 2-point ticket to be lowered to a 0-pointer without an attorney. The prosecutors regularly figure that an attorney would be able to lower the speed to the 2 point range and then the permitted additional amendment comes into play. So a 4-point reduction is quite possible with an attorney.
The only 0-point ticket allowed in that Court for speeding is 97.2, which has a $434 or so fine because of a $250 mandatory assessment to the State. Also, this amendment is not permitted if you have a provisional license.