jeanfor

On I80, NJ around Fairfield, this morning at 5:45am. I did not see the trooper in the traffic and he was crusing along. The v1 did not pick anything (radar or laser).... Should I pay or plead not guilty??

paulroad

How fast were you going? Were you speeding?

jeanfor

I believe clock/pass.... I made the bad decision to go on the right lanes which were empty to pass a bunch of cars... he told me he got me doing 90mph, but on the ticket got 39:4-98 (which is driving 1-14mph above).....

paulroad

and please NG.. but you could also talk to the prosecutor and ask for a non moving.

jeanfor

Can you be more specific "deposition", NG? I guess by non-moving, I ask for my violation to be a non-moving violation and pay the ticket...

smackboy1

for what it's worth here is my $0.02.

imho, if you have the time you should plead "not guilty", request a court date, and try to at least plea bargain down to a no points violation.

in nj you can plead to "unsafe operation of a vehicle" (code 39:4-97.2) which carries fines, but no points. the key is to reduce the points. you should dress professionally and arrive extra early on the day of court and speak to the prosecutor before your case is called to work it out. if the prosecutor declines to agree to a plea, you can choose to have the judge hear the case and fight the ticket (which is beyond the scope of this post) or just change your plea to "guilty" to the original offense right there.

note: unsafe operation of a vehicle only works twice. the 3rd time in a 5 year period they will hit you with 4 points.

good luck.

edwardschmedward

plead not-guilty, show up for your court date, the cops will usually plead down the charge in order to get the fine out of you.

paulroad

a deposition is the written story omade by the officer prior to the court date. It is all of his evidence against you.
Most don't do it and if you request it and within 30 days he does not produce it you can write the court and ask for a dismissal due to the 'no deposition.'

It would probably be easier to just talk to the the town prosecutor and show him your record..clean.. and ask him to accept a not guilty to a non moving charge.

jeanfor

In that case I would end up paying the fine for the non-moving violation......


I am tempted to ask for a deposition....

Paul, thanks for the advice...

jeanfor

The hardest is probably not the ticket, but my wife reminding me that one day I was going to get caught...... I am sure some of you guys experienced that!