Traffic Violation Law

Traffic Violation Law

New Jersey has some very serious laws regarding motor vehicle operations and traffic regulations. Not following these laws or violating them can be consequential and serious resulting in getting various citations or suspension by a Police Officers. Some of the common traffic violations that we deal with are :
  • Careless/Reckless Driving
  • Uninsured motor vehicle operation
  • Operating motor vehicle with a Suspended/ Revoked or Unlicensed Driver License
  • Distracted driving including operating cell or other electronic gadgets while driving
  • Speeding
  • Passing School Bus illegally
  • Tailgating.
  • Improper U-turns
  • Hit-and-run, or leaving the scene of an accident
  • Commercial Drivers or CDL violations.
  • Provisional driver's license violations
Citations if proved guilty can affect someone's driving record as NJ maintains a point system. Points on your NJ Driving License is bad as you will have to surcharge to state after a certain limit and also your insurance premium goes up. With right attorney and defense strategy these citations/ traffic ticket can be avoid and made that your driving privileges remain intact.
                                                                       Defenses to Speeding

New Jersey Statute Section 39:4-98 is the speed limit law. New Jersey lawmakers created six speed zones. These are the six zones: School Zones; Business and Residential Districts; Suburban Business and Residential Districts; Sixty-Five Miles per Hour Zones; Speed Zones Established by Regulation, Ordinance or Resolution; and Fifty Miles per Hour Speed Zone. The law creates speed limits in each zone. In 1998, lawmakers passed a new law which created 65 miler per hours speed limits on about 400 miles highways.
Just like major crimes, every person accused of driving too fast is presumed innocent. The State (the prosecutor) must prove beyond a reasonable doubt that the driver was speeding. The law requires the prosecutor to prove the obvious part of speeding – driving above the speed limit. The law also requires the prosecutor to prove more technical information. For example, the ticket must state the speed the driver was going, the speed limit, the time of the violation, and the place where the driver was speeding. If the ticket does not include all this information, then the driver is not guilty to speeding.

A. First Defense to Speeding, Was the Radar or Speeding Measuring Device Scientifically Proven and Accurate? 

The State must also prove how fast you were going. New Jersey courts permit many types of scientific devices to measure a car’s speed. In other words, the police are not limited to only radar. The police can use any speed measuring device, but it must

1. Be scientifically reliable;
2. Be accurate;
3. The person measuring the speed must be trained and qualified; and
4. The speed measuring device must be used properly. 

the State cannot prove all four of these things beyond a reasonable doubt, then you are not guilty of speeding. For example, in one case the police used a new Ra-gun, Doppler technology. The defendant appealed his speeding conviction, and the New Jersey Supreme Court declared him innocent because the technology was unproven. Other courts determined that radar must always: be set up correctly, tested for accuracy, and functioning correctly. If the radar or speed measuring device is not proven to be accurate, then you are not guilty of speeding.

B. Second Defense to Speeding. Was the Officer Trained? Did the Prosecutor Provide the Correct Evidence?

Whether the police officer knew how to use the speed measuring device is an important issue. The prosecutor must prove that the officer correctly used the radar or other device. And, the State must give this evidence to every defendant. In one 2010 case, the New Jersey Supreme Court threw out a speeding conviction. The high court ruled that the State must give the defendant: (1) the officer’s training history; (2) the officer's log book entries; and (3) the radar device repair history. If the State does not give the defendant all this information before the trial, then you are not guilty of speeding.  
The State can prove the cop’s qualifications to use radar by proving he completed training taught by qualified instructors. While this is not a mighty requirement, it is a requirement. In one 2005 case, the New Jersey Appellate Court found that the Trooper’s qualifications were not proven because there was no evidence that he completed training on the Python radar system he used.

C. How to Challenge your Ticket
A lawyer can help you challenge these requirements. Does the ticket have the correct information? Was the police officer using a reliable speed measuring device (like radar technology approved by Rule 104)? Was the radar accurate, and did the police trained to use it correctly? It is the prosecutor’s job to prove these parts of speeding. You are presumed innocent. 

Regardless of your circumstances, we can work to resolve them. Schedule an appointment with us by either calling us or sending an email. We can accommodate your needs even if you live out of state.  



What to Do If You Are Pulled Over

Stay calm and never panic with law enforcement. You have rights. The 4th Amendment guarantees protection from unreasonable search and seizure, and the 5th Amendment protects against unfair procedures.

I. Getting Pulled Over
Police may stop your car only if they have reasonable suspicion that you committed a crime. Speeding, no turn signal, and erratic driving are examples of small crimes which the police may observe before pulling you over. An officer may also pull over a car for a mechanical problem like a broken light, missing license plate, or a broken window. The law requires a driver to fully stop his care after receiving any signal from the police to do so.

II. At the Stop
After a stop, the driver must show license, registration, and insurance card. The safest thing to do is to wait until the officer approaches your vehicle and asks for these documents.  After you give these documents to the officer, then you have the right to then remain silent. It is smart to be polite and cooperative, but you don't actually have to speak to the police. Instead, you may invoke your right to remain silent and ask for an attorney. You still must follow the officer’s instructions.  A driver and passengers may use a cell phone to record a stop as long as it does not interfere with following the officer’s instructions. For example, if the officer asks to see the hands of all occupants of the car, they should put the phone down and display both hands. An officer is required to provide his or her name and badge number when requested.

III. Order to Exit the Car
Police may order a driver out of the car, but not a passenger unless they have a specific safety concern. The New Jersey Supreme Court decided that an “officer need point only to some fact or facts in the totality of the circumstances that would create in a police officer a heightened awareness of danger that would warrant an objectively reasonable officer in securing the scene in a more effective manner by ordering the passenger to alight from the car.” Police may order vehicle passengers out of the car for almost any reason.

IV. Search
Police can search your car if they have a warrant, if you give permission, or if they develop probable cause after they stop your car that they will find evidence of a crime. Police cannot ask to search your car unless they have specific suspicion that evidence is inside your car.  You can't be detained unnecessarily. Although there is no specific time limit for a traffic stop, the law requires police to be diligent and complete the stop swiftly.

V. DUI
If you are suspected of driving under the influence (DUI), you may be required to take a breathalyzer test. You have the right to refuse taking a breathalyzer test. There is a presumption in favor of the driver taking the test.  This is called the “implied consent” law. All drivers gave consent to a breathalyzer test by taking the wheel in the New Jersey. It is often better to agree to a breathalyzer test because the penalties for refusal are worse than DUI (first offense).

VI. Obstructing
Roadside resistance can also be a crime. Obstructing the administration of justice is a petty disorderly persons offense in New Jersey. A person commits this offense if he purposely obstructs or impairs law enforcement from doing their job by fighting, intimidating, using violence, or other physical interference. Do not fight with the police.

VII. Conclusion
A core principle in American law is the right to a fair process. The law and court system is designed to ensure a chance to present a defense. The time to fight a ticket or DUI is in court; not roadside. There is no smooth talking your way out of a ticket or DUI. It is best to be respectful and cooperative. Resistance on the scene can be its own, even worse crime. To defend a DUI charge, hire a lawyer and fight in court. Roadside resistance will not help your case.
Contact Garden State DUI for more DUI related inquiries by Calling: (609) 400-1302
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