HumbertFG
HumbertFG t1_j9xqo1f wrote
Reply to comment by Jerseysure35 in Speeding Ticket on Turnpike issued to car owner. What can be done about it? by Jerseysure35
Gonna weigh in here and add my experience.
Don't even talk to the prosecutor. They are NOT on your side. Whatever he tries to 'bargain it down to' is NOT in your favour. If you are not guilty, plead NOT GUILTY.
If he asks you WHY you are pleading not guilty, you don't have to say anything, or give him anything. He's fishing for HIS CASE. He *knows* if he's got a case or not, and if he DOESN"T, then he'll try to knock you down to something which is 'technically' a win for him ( you pled guilty to a lesser offense). He doesn't want to plead a case he knows he can't win, but also.. he doesn't want a pile of tickets which were dismissed at court, 'cos that just looks bad for the police.
I've had a couple of 'scumbag prosecutors' try this tactic, even getting loud and offensive up in my face. Be aware that if you are confident in your case, and I think you are. You can either refuse to talk to him - and he might simply drop it before it even comes up, 'cos he KNOWS he's gonna fail, or he's gonna know something's up.
DO NOT 'settle for a parking ticket' or whatever it is you figure is okay. If you didn't do the offense, then it'll get sorted and you'll get off.
Know what you did.. what your defense is. If you're nervous, practice with a friend. Take a friend to court with you who's got experience. It's mostly just nerves.. and once you've done it once or have someone behind you with experience it's not that bad.
Experience:
I once got pulled over for 'failing to signal left on a left turn'.
I know I signalled left. I heard the clicky thing in my car. I was sat there for a good couple of minutes. The indicator was going flashy flashy!. After having provided all my documentation I discovered that I had an indicator light out at the back ( the front was fine, just the back one). Since the policeman was behind me, he couldn't see my front, only the non-working back. I demonstrated this at the time for the officer. He could *see* that when I pressed my indicator the front worked.. the back didn't. Water in the light shorted it out or something.
Now, on the ticket there's :
Failure to indicate ( 2 points, $130 fine)
Non-working indicator ( 0 points, $50 fine)
numbers are from memory and possibly wrong, but the point is - one carried points, one didn't. Officer, at the scene *COULD* have ammended his ticket to 'Non-working indicator' and I'd have just been : "Yup.. okay. " paid it via mail and been done. But since I got the 'Failure to indicate" with points attached, I HAD to turn up in court.
Did just that.. Pled 'NOT GUILTY". I wasn't guilty.. I was guilty of having a non-working indicator. But I *DID* indicate, and at the stop demonstrated exactly that.
Prosecutor asks me : Why are you pleading not guilty! You're clearly guilty.. Copper says you're guilty. Seemed offended that I would even contest it.
I'm like : Because I'm NOT GUILTY.
He gets up in my face and demand that I give him my defence! Tells me all kinds of bullshit which frankly.. should have gotten HIM in trouble like 'We can take your license. We can increase the fine if you plead not guilty and you are.. etc etc etc.'
Practically went purple in the face trying to force my defence out of me *before my appearance*. I suspect his copper didn't want to be there ( they get paid overtime for attending traffic court and if the ticket is dimissed it looks really bad for them). Maybe the copper actually wasn't there at the time, and would needed to have gotten pulled in from his shift-work or called in from home. I don't know...
Either way - prosecutor will do his best to barter you down to a lesser offense you will plead guilty to, even if you're NOT GUILTY of the offense on the ticket.
The ONLY time it's beneficial to talk to a prosecutor is when you know you're guilty, and prosecutor doesn't have his officer in court that day, doesn't want to get him in and is happy to barter you down to a lesser offense you'll capitulate to so he doesn't have to pull him in.
My case: Officer was present. I pled my case... Judge asked officer "Did the gentleman demonstrate his working indicator to you at the stop? Yes. Were you behind him and unable to see his front indicator? Yes'. Why did you not mark it as 'Non-working indicator' instead of 'Failure to signal?": I had already written the ticket.
Case dismissed.
HumbertFG t1_j9xoxzh wrote
Reply to Speeding Ticket on Turnpike issued to car owner. What can be done about it? by Jerseysure35
Hi... I may have experience [with this kind of thing] :)
I'll just say that in my 20 year or so living in NJ, I've gotten in the region of 14 tickets. Most of those were in the first 4 years, but the most recent was perhaps 4 years ago.
I've 'gotten off' every single one. Some were *actual* infringements ( speeding down the parkway, driving with busted tail light). Some were bullshit tickets ( failed to indicate left when turning, erratic behaviour ie: Driving wi' long hair) and so on.
My advice is : Don't be intimidated. Don't be scared. Goto court...
Traffic court in NJ is *your friend*. Honest to god. They're open after hours, meaning you can go after work. The judges are almost universally on YOUR side, not the coppers. And if you present a cogent and compelling argument will always either 'let you off' or negiotiate with the copper for a lesser sentence.
Even if you turn up and are just like : yeah, 'guv.. I was speeding. I was [late for concert / worried about my Mom / trying to pass the a**hole from PA who was sittin' in the left lane doing the speed limit] - they'll often knock it down to something that has no points and a reduced fine.
"Getting off" in this case can simply be getting your ticket knocked down to something that doesn't involve points. If you have no points on your license. They *know* that it's the first lot o' points which get you.. and will often work with you to prevent it.
That said? YOUR case sounds like a slam dunk. Turn up, declare 'Not guilty'. DON'T fold to the jerk of a DA who'll try to get you to capitulate to a lesser ticket, since you ARE not guilty, and they are gonna have a hell of a time proving it.
Take your turn at the podium, declare 'Not Guilty, your honour' when asked. Present your case "I were at my girlfriend's at the time, guv. Copper ain't got a leg to stand on. Demand evidence... Demand cam footage, or whatever. Bring an alibi if you have one.
Judge will ask copper for corroborating evidence ( if he even turns up, if he doesn't - which has happened to me in like 4 cases it's just summarily dismissed). If he can't provide it, it's a 'your word against his word' and contrary to regular court, traffic court ( in my experience) tends towards the victim, not the officer.
You'd be surprised what *just turning up* can do for you too. I've turned up, pled GUILTY to the actual offense, offered mitigating circumstances and 'gotten off'. Example :
Dead of winter, it was raining / sleet and I was driving (safely) down an incline at 3AM with a set of traffic lights halfway down the hill with no traffic in sight anywhere for miles except for a truck behind me. Truck did NOT appear to be slowing.. I was slowing for the light.. truck still barrelling down the road behind me. Given weather conditions, the speed of the truck, and the closing distance, I opted to run the red light - for fear of being mashed by said truck.
Copper parked in the strip mall opposite pulls me over for 'running red light'. Technically true, but "I had reasons". Turned up in court, pled my case, looks at ticket - see's 3AM on ticket, see's road, see's date of ticket (mid-winter), confirms with copper. Let me off. Scott free.. nothing.. nada.
Soo.. REALLY LONG story is basically: Goto court. Don't be scared. Maybe bring someone with you who's familiar with the process, but you don't need to be spending $500 on lawyers.
I have been to court wi' several neices as a 'helping hand' and every time I've done that they've also gotten off or a reduced sentence.
G'luck!
HumbertFG t1_j9xri1n wrote
Reply to comment by damageddude in Speeding Ticket on Turnpike issued to car owner. What can be done about it? by Jerseysure35
OP says (s)he can provide 'clock in / out' documentation from work, so.. OP has both legs to stand on and officer has none.
It *should* be as simple as turning up to court, plead NOT GUILTY. Offer evidence of : I weren't no-where near the incident, 'guv", lent my car to a friend. Maybe.. politely suggest that officer left a default on the ticket, and didn't do dilgence. Judge should ask officer for corroborating evidence, for which he'll have none, and dismiss the case.