Beating the Municipal Court Traffic Ticket Takes More than Showing Up for Court

All to often attorneys who specialize in representing motorist charged with a moving violation are to quick to recommend that their client plea to N.J.S.A. 39:4-97.2 (unsafe driving), which is a no point ticket, but carries a fine with surcharges in the amount of $450.00, depending on the municipal court judge. Also, many insurance companies consider that moving violation in determining insurance rates. Further, that ticket can only be used twice, and a third conviction for this offense will result in four points being assessed against the motorist.

However, with a little work, diligence and multiple court appearance it is often possible to have the moving violations dismissed totally.

The first thing that the attorney must do in every case is request discovery. If it is a speeding case and the police officer contends that the motorist vehicle was paced the prosecutor must turnover all discovery on the police vehicle to determine whether the odometer was calibrated properly to record a correct speed. In addition, with radar cases all radar calibration must be turned over to the defense. Often a careful review of the discovery reveals that much of the required radar calibration material is either missing or unavailable.

Specifically, with all speeding summons by New Jersey State Police in which the Stalker Lidar Device was used our New Jersey Appellate Division in State v. John Green, has held that the device is not admissible to gauge the speed of an automobile because it has never been specifically tested by the New Jersey courts to be scientifically accurate, and accordingly, all such speeding ticket issued on the basis of that machine must be dismissed.

In addition, an experienced attorney in this field will have some understanding of norms and local customs of the specific court he or she is before, and be able to give the motorist some good advice, and hopefully good results in the ultimate outcome of the case based on the attorneys experience and reputation in that court.

For further information in beating the municipal court traffic ticket consult the Law Office of Vincent J. Sanzone, Jr., Esq., CriminalDefenseNJ.com

Sanzone Firm, P.O. Box 261, 277 N. Broad St. Elizabeth, NJ

Tel: (908) 354-7006