Q & A

– Frequently Asked Questions about Traffic Violations and Resolving Tickets and/or Points –

AIn order to remove the motor vehicle points, you must plead “not guilty”, and appear at court to discuss your case with the Prosecutor. You may either by call or write to the Court to request a court date. Without first doing so, the court will not be prepared to hear your case, even if you show up at the “pay by” date written on the ticket.

AIf you simply pay online or in person the fine as indicated on the ticket, you are entering a plea of “guilty” on the ticket as charged, and will receive the motor vehicle points associated with that charge. However, you will not need to go to court. In order to remove points, however, you must contact the court to request a court date, or hire an attorney to do so for you. You should not simply appear at court on the date written on the ticket. If you wish to negotiate a plea agreement with the prosecutor, you must not pay the fine before going to court.

AYes, but it is case-specific, and there is no guarantee. In order to reopen your case and have the opportunity negotiate a plea agreement after already paying your ticket, you or your attorney must file a motion requesting that the Court vacate your prior “guilty” plea, and return the matter to the court’s calendar. You or your attorney must explain the circumstances as to why you feel your case should be reopened, and the Judge will enter an Order either granting or denying your request.

AEach court’s procedure is different, and therefore you must listen to the announcements made by court officers at the beginning of each court session. However, you will generally write your name on a list to be called to see the prosecutor, or you may simply wait in line, usually behind a line of attorneys waiting to see the prosecutor. Once you meet the prosecutor, you will explain your defenses, if any, and the prosecutor may review your driver’s abstract to see if he will offer a plea agreement. There is no guarantee that a prosecutor will offer you a deal involving no motor vehicle points. Generally, an experienced lawyer will be familiar with what amendments would be appropriate and be better prepared to obtain a no-point amendment on your behalf.

AYou have an absolute right to a trial on each charge. If you are certain that the light was green, or that you fully stopped at the stop sign, yielded to the pedestrian, or made a legal turn, you may of course request a trial to have the State prove your guilt. It is important to note that you have the presumption of innocence. It is the State’s burden to prove each and every element of the charge against you and to find you guilty beyond a reasonable doubt. Only when the State proves its case against you do you need to call a witness or present evidence as to your innocence. If you choose to try your case, it is extremely important to have an attorney represent you, one that knows how to present evidence, call witnesses, and cross-examine the State’s witnesses. Your unfamiliarity with the law or legal procedure is not an excuse the court will consider.

ANew Jersey allows most motor vehicle offenses, with the exception of certain drug or alcohol related offenses, to be plea-bargained. This means that the you and the prosecutor may enter into an agreement wherein you plead guilty to an offense that carries less or no motor vehicle points, and a different set of fines. This is where you benefit most by having an attorney represent you. An experienced attorney will know which amendments are available and appropriate for your charge.

AThe answer to this question is quite complex. In many cases, we are able to remove all of your points. However, this depends on several factors: 1) how many tickets and points you are originally charged with, 2) your driving history as reflected in your driver’s abstract, 3) the municipality in which your tickets were issued, 4) the particular facts surrounding your plea of innocence, 5) the particular Judge sitting on the bench, 6) the particular prosecutor working in the municipality, and several other factors. Therefore, the difference between a plea offer received in one court for a certain offense may be night and day from a plea offer received for the same offense in a different court, or with a different driving history. We are very experienced in representing clients in all of the municipalities in Bergen and Hudson counties. Therefore, we recommend that you receive a free consultation prior to going to court, to be aware of the possible plea agreements available for you.

AIt depends. Please see our answer to the preceding question. However, an important note is that in cases where more than one moving violation is issued, as part of the plea agreement, it is common to have one or more of your tickets dismissed in exchange for your plea of guilty to another offense. Each case is different, but you will almost certainly benefit by having an attorney represent you and dismissing as many of your charges as possible as part of your plea agreement.

AGenerally, yes. New Jersey requires defendants to appear unless there is an excusable hardship. This may be because you live to far away from court, or have plans to travel outside of the State, or you have medical reasons for your unavailability. If a hardship does arise, we may be permitted to appear in court on your behalf, as long as you sign a “Plea by Affidavit”, which authorizes us to appear on your behalf and enter into a specific plea for you. If you let us know in advance of your inability to appear in court, we will gladly prepare the appropriate paperwork to appear in court for you.

AIn New Jersey, the standard amendment for most moving violations is an amendment to the charge of “Unsafe Operation”, N.J.S.A. 39:4-97.2. This amendment is expensive, because it carries with it a $250.00 MVC surcharge, on top of a typically $150 fine and $6 special assessment. In certain scenarios, this is the best possible offer the Prosecutor is allowed to offer, even if you are represented by an attorney. However, in many cases, an experienced attorney may be able to avoid the amendment to Unsafe Operation, and this depends heavily on your driving records, the municipality in which the ticket(s) were issued, and the availability of other potential no-point violations to which the ticket may be amended.

AFirst, the amendment is not available every time you receive a ticket. You are generally allowed two (2) amendments to Unsafe Operation. If you plead guilty to, or found guilty of a third offense of unsafe driving within five (5) years of the second, you will receive four (4) motor vehicle points, and likely higher fines. Therefore, it is important to review your driving history and to know the potential amendments to your charges prior to going to court.

AGenerally, yes. Some insurance carriers allow you to receive one 2-point speeding ticket without raising their rates. Many do not. It is best to contact your insurance carrier prior to paying your ticket or going to court in order to avoid an increase in your premiums.

AIf you accumulate six (6) points on your record, the Motor Vehicle Commission will begin to issue a point surcharge, which is $150.00 per year for a period of three (3) years, or a total of $450.00. Surcharges may rise if additional points are accumulated. If twelve (12) points are on your record, your license may be suspended. If you receive a notice of suspension, you may contact the MVC and request a hearing to avoid or reduce your period of suspension.

AThis is a point that causes confusion for many people. New Jersey’s Motor Vehicle Commission keeps a record of your points, and these are called “motor vehicle points”. However, insurance companies keep their own internal records of your driving histories, and they, as private companies, have the authority to assess their own system of points for each violation. These are called “insurance points”. While they generally correspond to one another, this is not always the case. A particular insurance company may assess points for a violation which do not count as points for the purposes of your driving record with New Jersey.  Therefore, it is possible to reduce your 2- or 4-point ticket to a 0-point offense, but your insurance company assesses points on your insurance point record anyway and raises your rates. When this happens, it is best to obtain a quote from a competing insurance carrier. It is often the case that your quote with a different insurance carrier will be lower than the increased rate from your current insurance carrier, as the new company does not count the 0-point offense against you. Insurance companies are notorious for offering you lower introductory rates, only to raise them for seemingly innocuous reasons after you sign up. It is my advice therefore to change your insurance provider every few years to make sure your rates always remain competitive, and this should not dissuade you from going to court and fighting each ticket.

AIt is common practice for police officers to issue you a ticket for failure to exhibit your license, registration or insurance card if you failure to show them the correct document immediately upon request. If you take too long looking for your documents, or mistakenly show the officer an expired document, even if you have the current one as well, you may receive this ticket. Generally, if you appear in court and bring with you your unexpired document, the prosecutor may dismiss the ticket with costs, generally $33.00, but of course, there is no guarantee. Therefore, it is best to have an attorney represent you.

AYes. You may take either an online or in-person course at a NJ state-approved defensive driving course provider, usually 4-8 hours in length, and upon successful completion, two (2) points will be reduced from your driving record, and you may be eligible for a reduction in insurance premiums with your insurance provider. However, the course may only be taken once in a five-year period, and only points already on your record may be removed.  In other words, you cannot obtain a credit for future points to be received. A list of providers is available here: http://www.nj.gov/mvc/Licenses/Defensive.htm.

AEasy. You may either call us at (201) 482-8095 or enter your name and ticket information in the link above. We will call you back within 24 hours. Upon receipt of payment, we immediately fax the court our letter of representation, informing the court that we represent you. The court will then mail a document called a “Notice to Appear” to both your home address on record, and to our office. Once we receive it, we will call you to confirm the new court date and time. If you are unavailable that day, we can request an adjournment to receive a date most convenient for you. One day prior to court, we will call you again to remind you of your court date, and at court, Mr. Shin will meet you in the courtroom or the court’s lobby.

AYou may either come to our office with a check, cash or credit card, or pay via telephone with your credit card. A receipt will be immediately sent to you via email.