Speeding Ticket

I was cruisin last night down the highway, windows down music up, and just didnt let off the peddle, down an inclined road at that. I always go above the speed limit on this road, there's never a cop until the light about 1/2 after i let up on the gas. Well, tonight my luck changed and there was a cop where the golf course is which is 1/2 mile away from the light which is usually where i let off. Lights off and everything and as soon as i saw him i hit the brakes a little, then pulled the e-brake after removing my foot from the peddle. I saw right as i passed him that he turned his headlights on and started to pull out.
There was a long line of traffic behind me so it took him about 5 to 10 seconds to pull out. At that time i reached the light...to have it turn red right before i got there. I took the turn off and tried to get a backroad but he ended up catching up and then turning his lights on.

He put his lights on right after i turned off on the road (into another town if that means anything) and finally pulled me over. 83 in a 55. My research shows this is anywhere from a $210-220 fine normally, automatically doubled since it is a safe corridor.

I've also read that 20mph or more over the speed limit results in a double fine too. so idk if this tickets gonna hail to be 880 or not.

First offense for me. A friend of mine (54 in a 25) said she talked to the prosecutor and got hers dropped to unsafe driving, 439 bucks and no points. Ill be more than happy with this.

Also, something else to mention. The ticket states statute 39:4-98 which is speeding in excess of 1-14mph and 2 points according to New Jersey motor vehicles. Im guessing he meant to write 39:4-99 which is in 15-29 excess of speed limit and 4 points.

I would love not to pay the $880 but if it gets me no points i'll take it. I'm still driving on a provisional license (even though i've been able to get the new one for the past 2 years now).

Sorry for a long post but i figured the more information you get the better. I need any type of advice possible. I've been told to try and change the court date a few times in hopes that the officer doesnt show, but thats a hit or miss situation and kinda risky.

I thank anyone in advance for your replies, and appreciate any useful advice.

EDIT: This is the site i was referring to:
http://njcourts.judiciary.state.nj.u.../njpoints.html

What is your question?

I need to know how i can reduce the ticket as low as i possibly can. I'd mainly love to eliminate the points but even if i have to pay $440 im fine with that.

I actually would love any kind of advice on what to do about the situation

Just a thought here to contact your friend to find out exactly how she contacted the prosecutor and made her 'arrangements.' Understanding that no 2 cases are exactly the same, it may be worth a telephone call to the prosecutor's office see if he/she is willing to negotiate to reduce the charges. (No guarantees there, either.) It seems logical to me that your ticket is evidence of the charges, regardless of what you think the officer meant to write down. Again, you might want to double-check this with the prosecutor, i.e. are you only responsible for exactly what's written on the ticket?

To me, this is a simple traffic courts matter, and regardless of whether or not the officer shows up in court, the "record" is the duplicate copy of what you have. Again, confirm this with the prosecutor's office, if you aren't sure. I honestly don't believe an officer's testimony can override the actual ticket, but that's just my belief here. You might want to find out in advance what the "worst case scenario" could be at the same time. Some states have a court clerk who meets with you at the time you check in to the courthouse; if you've made any special arrangements with the prosecutor ahead of time, that's the time to make sure the arrangements are in place. Once you appear before a judge, it'll be pretty difficult to argue otherwise. *Arrangements=plea to different charges, and borrowing your vernacular. Again, in some towns, this is discussed with a clerk at time you check in for your appearance. That information in some states is handed to the judge at the time you're called to appear. (Again, in some cases.) You can find out your city's procedure at the time you call.*

Never hurts to call ahead (in my opinion) and get an idea of what could possibly happen. At least you'll have a good idea. And of course, if you either don't like the answers you get with a call or are the least bit uncomfortable, you can always consult with an attorney. I'm merely offering a few suggestions here, not to be construed as legal advice.

Good luck.

I would make certain, before going to court, that the prosecutor, does in fact, attend traffic court. If the prosecutor does *not* attend traffic court, to waltz into court and imperiously announce that you have *prior arrangements* would not sit well with the judge or the police officers.

In my city, the prosecutor does not attend traffic court. In fact, the prosecutor has nothing whatsoever to do with traffic court. The judge reads the charge, and the police officer who wrote the ticket acts as the prosecutor. This is not to say that is how it is in your town.

With regard to the notion that a police officers testimony cannot "over ride" the ticket, there needs to be a distinction made between a clerical error and the officer giving testimony that is in juxtaposition to what he indicated on the ticket. Example: If you were given a ticket for speeding, going 51 in a 15 mph area, and the officer, in error, wrote 15 in a 51 mph area, obviously, this is a simple transposition of the numbers. The Supreme Court test for officers acting under color of the law is reasonableness. Reason would dictate that if the speed limit was 51 and you were going 15, that was not speeding. I have seen tickets that were barely legible--and when I was the victim of a careless driver, and was struck broadside and injured, the officer actually put down MY name as being the driver of the truck and the man at fault as driving MY car. When we went to court, the driver of the truck was prosecuted, and no one challenged the simple transposition of the names, but rather chose to recognize it as the simple error that it was. If the officer was not able to clarify what he wrote, I would have been charged as the defendant, and not the plaintiff. "Sorry, Ms. Gentle Grace. You must go to jail for DUI. The officer made a clerical error, and put your name down on the ticket instead of Dusty Drew Do's as the driver of the truck, but we must stand by what is written on the ticket and act accordingly, so sowwy it cannot be ammended." (wha--?)Thankfully, he was, very easily, allowed to explain a simple clerical error. Now, if he had been attempting to offer testimony completely opposed to the charge, such as trying to substantiate that the charge was, for example, opened container, as opposed to just speeding, that would be difficult if there was no mention of opened container on the ticket.
Understand?

Reasonableness is the key.

Of course, if this were a sensational murder trial, that scenario might be entirely different. But in traffic court? I doubt it. The officer testifying that he made a clerical error in transposing numbers is clearly reasonable and probably wouldn't be grounds for dismissal.

DISCLAIMER: The usage of fake AOL names in this illustration is not meant to reflect on a person, living OR dead. Snort.

Ok, what exactly do you mean when the prosecutor attends traffic court? I don't really know what to say when I call the court, like what questions to ask. The entire system kind of intimidates me really. I got 2 letters in the mail today from two different municipal court attorneys specializing in cases like these. I may go with them and let them handle everything if pricing is reasonable. Should I consult with a lawyer before calling the court?

What I mean by that, I explained below. In some states, such as mine, a prosecutor does not prosecute traffic court. So, if you go to court here and expect to talk to a prosecutor, all you will see are the police men who wrote the tickets. However, in your state, if the prosecutor is the one representing the state, the police will be witnesses against you, NOT acting as the prosecutor. Understand?

That being said---if your states prosecutor DOES prosecute traffic infractions, and you say they do ( via your friends experience) if you talk to the prosecutor before hand and they agree to accept your plea on certain terms (such as your friends, no points, only money) then, obviously, your case will be settled. If the prosecutor, who is bringing the case against you, agrees to specific terms BEFORE you ever go to court, ask if you MUST appear in court, or can the agreement be entered into the court system without you taking the courts time to appear. As in a more serious charge, the judge hands down the ultimate sentence in conformity with the law, the prosecutor is the one who makes the decison whether or not to prosecute.

Regarding the question about the attorneys who contacted you, please realize that their contacting you is not their way of saying, "Whoooa, dude, you are in BIG trouble. You better hire me!!" It is, rather, advertising done by attorneys who obtain lists of contact information regarding people charged with various and sundry crimes, such as speeding. That being said, if it is that important to you, by all means, hire one. But be willing to pay a thousand dollars or so retainer ( average for most states ). However, if you have the time, and wish to, try going to your local courthouse and ask for the prosecutors office. Appear in person with your ticket and express to them your concerns. Of course, even if you DO agree to an "arrangement", you MUST appear in court, unless they TELL you and provide you with something in writing to the contrary.

Prosecutors are busy. They don't really want you in court any more than they want to stand there. They get paid by the hour--NOT by the case. Whether four cases or forty cases get heard, they get paid the same.

You sound like you have a good head on your shoulders. Follow your instinct, knock on a few proverbial doors. They will either open and you will have answered your own question, or they will remain closed, forcing you to seek another venue.

Let me know what you decide.

If you're the least bit scared or uncomfortable at the thought of approaching the legal system on your own, yes, I think it's a good idea to look for an attorney in your area. I'd even go as far as contacting those who wrote to you to ask if they offer a free preliminary consultation. (Not guaranteed, but yes, I agree with you in contacting them, and at least finding out in advance what their fees are in your particular situation and whether or not they'd consult initially for free.) Many will do that over the telephone and will give you a very good idea of where you stand in a few minutes. You'll only end up with costs if you decide to retain the attorney beyond your initial consultation. (I think that misunderstanding is why so many people are hesitant to make the initial call.) Your initial post sounded a bit more confident .. you may be having reservations now that you've had a chance to think it over and I think it's perfectly natural to want to place your future in the hands of a licensed professional. (I believe I stated that earlier.) And again, if you're not comfortable with either of the 2 who initially contacted you, it's a fairly safe bet you can find other equally qualified counsel in your area.

Just an opinion in response to your statement that you were open to all suggestions. A personal note? Good for you for taking a few minutes, recognizing your reservations and understanding you may not quite be equipped to do it on your own, despite any information volunteered when asked. (That would, of course, include my own.) I believe that's exactly what lawyers are for. Again, good luck to you.

Ok well, from what I've read the fine can only double once. Also, according to the statute the officer wrote, it implies speeding at no more than 14 miles an hour (though i guess that kinda doesnt matter). Max fine will be 440. I think im going to try and represent myself and see how it pans out. Im going to contact a few lawyers to see what they have to say about it first though.

EDIT: I also called the court the other day and the person who helped me said she couldnt discuss any type of fine it could be or points because i had to come to court.

Once you've finished there, it might help others on the forum here to hear your actual experiences. Please let us know how it turns out for you. I, for one, would be curious to see how the court system works in your part of the country, regardless of whether you retain an attorney or not.

Good luck to you.