Got my first ticket, can I fight it ?

[Schrödinger's cat 87]

I got my first ticket tonight. I went to eat out to celebrate my anniversary and when I was leaving the restaurant I made a U turn. This is in a dead town and the streets were empty. Two blocks later I got pulled over for the U turn, I explained to the officer that I had never been pulled over before and that I was unfamiliar with the area and when my GPS showed me I was pointing the wrong way I turned around. I thought for sure that he'd only give me a warning but I got a ticket. It lists statute 39 4-125 and he said there are signs posted no U turn, of course I said I didn't notice any signs but that didn't help me. This ticket would give me 3 points and make my insurance much more expensive. Can I do anything about this ? I guess I can drive back down there and see if the signs are conspicuous, anything else ? If I notify the court that I plan on coming down and pleading non guilty, if the officer doesn't show up will the charge be dismissed ? What are the chances of that happening ?

 

 

[T Bill 649]

Before court meet with the prosecutor explain it's your first offense, your sorry and he will let you plead guilty to unsafe operation of motor vehicle. No points, no insurance surcharge, but a hefty fine. No more offenses over time it all goes away. Best you gonna get. Been there done that.  NJSA 39:4-97.2. Look it up, lots written about it.

[AVB-AMG 530]

Schrodinger's cat:

 

Sorry to hear about your unfortunate experience, especially on such a joyful occasion as your anniversary....

 

T Bill makes a good point since you have a clean driving record.  

Yet, if you want to increase your odds for success then my suggestion is to research online and then hire a traffic attorney from the town where you were issued the ticket.  Make sure he/she knows the traffic court judges in the jurisdiction of where you were cited.  Prior to hiring any specific attorney ask them what they think they can do for you, such as negotiating down the citation to an infraction with fewer or even no points on your driving record.  But you most likely will have to pay a fine and any court costs.  Then set a fixed fee for the attorney's services.  There are no guarantees on any outcome, but my experience is that usually works out for the best.  Assume an Attorney's fee of between $400-$500 for their services, which includes representing you in court before the Judge and Traffic Cop.  Weigh that cost against what your increased automobile insurance rates will be for the next 2-3 years.

 

Good luck....

 

AVB-AMG

[maintenanceguy 510]

Four options:

 

1) Pay the fine and the insurance surcharges that come with it

2) Call the municipal court, ask about seeing the prosecutor.  It's often possible to show up early and talk to the prosecutor.  He'll probably let you plea down to a charge with no points.  The prosecutor's job is to make money for the town...period.  The judge is there to make money for the town...period.  Forget any notions you have about justice or what's fair.  It doesn't apply here.  Usually, the prosecutor offers a charge that does not have points but has a much higher fine.  Make sure you're prepared to pay the fine on the spot...plus court costs.

3) Show up and fight it alone.  You will lose.  The judge is there to make money for the town.  He does not care if you are right.  Be prepared to pay the fine on the spot plus court costs.   Court costs are the penalty you pay for exercising your right to defend yourself in court.

4) Show up with a lawyer and fight it.  The choice of a lawyer is critical.   The chances of winning depend primarily on how chummy the lawyer is with the judge.  If your lawyer isn't chummy enough, he'll suggest negotiating with the prosecutor for a lower fine.  One advantage of having a lawyer is that your case gets heard first instead of sitting there for hours waiting your turn.  But still, be prepared to pay the fine on the spot plus court costs.

 

Good luck.

[Rob0115 1,105]

Get a lawyer. More upfront less later. My wife was speeding in her obnoxious CLS63 and got a ticket. Paid the lawyer ended up with Anton moving violation, paid the fine and no points or insurance costs.

[DSD1026 48]

Before court meet with the prosecutor explain it's your first offense, your sorry and he will let you plead guilty to unsafe operation of motor vehicle. No points, no insurance surcharge, but a hefty fine. No more offenses over time it all goes away. Best you gonna get. Been there done that.  NJSA 39:4-97.2. Look it up, lots written about it.

 

This..  full stop.  No need to do anything more than this. 

[PK90 3,570]

How about paying for your mistake instead of trying to get out of it. You broke the law. Take responsibility for your actions.

 

Sent from an undisclosed location

[Luke_WO 11]

Before court meet with the prosecutor explain it's your first offense, your sorry and he will let you plead guilty to unsafe operation of motor vehicle. No points, no insurance surcharge, but a hefty fine. No more offenses over time it all goes away. Best you gonna get. Been there done that.  NJSA 39:4-97.2. Look it up, lots written about it.

 

It's as simple as this. If you're asking if it's possible to get out of this without paying any sort of penalty, be it monetary or points on your record, the short answer is no. You can eliminate the points and the subsequent insurance increase by pleading guilty and paying a large fine. 

 

If you go back to the site and find there is no signage, I guess you could look into contesting it. Although you'd probably have to dig into the municipality's codes regarding U-turns. Rather than thinking I can make a U-turn if there is no signage, I always assume that U-turns around here are inherently illegal unless there IS a sign that says you CAN make a U-turn. 

[BlueLineFish 615]

Go to court. It will get plead down to unsafe operation. No points, hefty fine. Usual case for those with no history of traffic offenses. State just wants money. They can't get it if you are paying the insurance company. No need for a lawyer.

[diamondd817 826]

Your insurance company will increase your premium for the no-point "unsafe operation" ticket. They got hip to it.

[kman 56]

I've seen people plead to unsafe operation of a vehicle to get no points but to me that seems to be no good - a U-turn on a street with no traffic is not unsafe, regardless of whether there is a sign prohibiting it or not.  I'd rather pay stupid fines and insurance charges and get points and go on record of making a perfectly safe U-turn, than plead to being unsafe when I never did anything unsafe.  But that's just me.  Tons of people plead to "unsafe operation" when they did nothing unsafe all the time.  Do you want your money or your pride?  As you grow up, more and more of the choices you face will be similar to this.

[fishnut 2,358]

Your insurance company will increase your premium for the no-point "unsafe operation" ticket.

not the case for me and I've done it twice.

[Fred2 367]

How about paying for your mistake instead of trying to get out of it. You broke the law. Take responsibility for your actions.

 

Sent from an undisclosed location

That is so old school

[Purple Patrick 638]

That is so old school

No old school would be cops actually protecting and serving instead of just being state revenue generators. I'm not anti cop in fact very pro law enforcement but to think the local courts are anything but a revenue generator for the state is insane.

 

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[JackDaWack 2,895]

No old school would be cops actually protecting and serving instead of just being state revenue generators. I'm not anti cop in fact very pro law enforcement but to think the local courts are anything but a revenue generator for the state is insane.

 

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Even better!!! When they see an opportunity to steal more money from you they will. The entire concept of pleading unsafe driving is so the state and municipality get all that money your insurance would otherwise collect. Take it one step further and ask yourself why cops hand out PBA cards... If not to promote getting out of breaking traffic laws, then why?

[Howard 538]

Well I had the same thing happen years ago.  Asked the insurance company and they said no surcharge for 2 points but yes for three.  Went and talked to prosecutor ahead of time and he agreed to change the illegal U-turn to just an illegal turn worth only 2 points.  I think the fine and court fees were under $100 - the cheapest way out.  What a bunch of crap though.  If you did something and they can prove it there should be no plea bargains that is just a corruption of justice for money.

[Frank Rizzo 59]

Insurance co. told me same thing few years back, a 2 pointer is ok with them.

[kirk2022 43]

Plain simple truth. You will have to pay A fine and court costs. Your decision is do you roll the dice and fight it on your own? (the house always wins) Or do you do like some have said. Go early discuss with prosecutor, (best option)

Unfortunatly 1st ticket 1st court lesson.

[Schrödinger's cat 87]

Thanks guys. So either meet with the prosecutor or hire a lawyer. Does anyone know a good lawyer that knows the Allenhurst court ? Any more input on lawyer vs. meet the prosecutor ? Also does anyone else know if my insurance will increase from a unsafe operation violation ?

 

PK, this was a street that had maybe six cars drive by in two hours, I was in middle of the block and if there are signs they were only on the corner, and I clearly was trying to figure out which way to go. If it would only be a fine I wouldn't have said anything, but the officer knows that this ticket carries 3 points and a premium increase, I am surprised that he gave the ticket to a perfect driver when there was absolutely no way it could have been a traffic hazard. 

[Schrödinger's cat 87]

Lots of good advice here, thanks guys ! Talk about ruining a nice night ...

[tattooo 220]

Pleading down to a no points more fine is probably still cheaper than paying a lawyer to arrange the same deal.

[diamondd817 826]

not the case for me and I've done it twice.

New Jersey Manufactures Insurance does.

[Howard 538]

Thanks guys. So either meet with the prosecutor or hire a lawyer. Does anyone know a good lawyer that knows the Allenhurst court ? Any more input on lawyer vs. meet the prosecutor ? Also does anyone else know if my insurance will increase from a unsafe operation violation ?

 

PK, this was a street that had maybe six cars drive by in two hours, I was in middle of the block and if there are signs they were only on the corner, and I clearly was trying to figure out which way to go. If it would only be a fine I wouldn't have said anything, but the officer knows that this ticket carries 3 points and a premium increase, I am surprised that he gave the ticket to a perfect driver when there was absolutely no way it could have been a traffic hazard. 

That is why I mentioned what I did.  Also get there early.  You will find lots of lawyers sitting there with clients or going in to speak with the Prosecutor.  Most of them will be very happy to take you as a client on the spot - this is not rocket science for them and they need zero prep time.  So, you could plead with the prosecutor on your own and if you don't like what he offers then retain one of the lawyers that is already there.  You might even get a better rate from them as this is incremental business they had not planned on and they are already there.

[fishnut 2,358]

I have state farm. They charged me 200 bucks per point (had 10 at one time) and a 600 surcharge for a few years after I had my licenses suspended. All were speeding related tickets and I deserved everyone of them and have since learned my lesson. At one time I was paying almost 4k a year for liability only on a 98 Durango. This is why I won't let me self get a crotch rocket.

[Shawnmoore81 623]

It's a bs ticket and a bs Plea deal. The whole plan is to rob you. It's a shake down plain and simple. But you really have no other choice

 

 

Sent from my iPhone using Tapatalk

[PK90 3,570]

 

 

...

PK, this was a street that had maybe six cars drive by in two hours, I was in middle of the block and if there are signs they were only on the corner, and I clearly was trying to figure out which way to go....

If a tree falls in the forest and no one is there to hear it, does it make a sound?

 

I had a long response typed but decided against it for fear that it would come across as an attack. That is not my intent.

 

I now suggest to plead NG and go to court. Let the Judge hear the audio from the stop and decide if you are guilty of the offense.

 

Sent from an undisclosed location

[Howard 538]

I have state farm. They charged me 200 bucks per point (had 10 at one time) and a 600 surcharge for a few years after I had my licenses suspended. All were speeding related tickets and I deserved everyone of them and have since learned my lesson. At one time I was paying almost 4k a year for liability only on a 98 Durango. This is why I won't let me self get a crotch rocket.

They must not like you.  I have State Farm and have never paid a surcharge, but never had more than two points at a time.

[1LtCAP 4,262]

I got my first ticket tonight. I went to eat out to celebrate my anniversary and when I was leaving the restaurant I made a U turn. This is in a dead town and the streets were empty. Two blocks later I got pulled over for the U turn, I explained to the officer that I had never been pulled over before and that I was unfamiliar with the area and when my GPS showed me I was pointing the wrong way I turned around. I thought for sure that he'd only give me a warning but I got a ticket. It lists statute 39 4-125 and he said there are signs posted no U turn, of course I said I didn't notice any signs but that didn't help me. This ticket would give me 3 points and make my insurance much more expensive. Can I do anything about this ? I guess I can drive back down there and see if the signs are conspicuous, anything else ? If I notify the court that I plan on coming down and pleading non guilty, if the officer doesn't show up will the charge be dismissed ? What are the chances of that happening ?

the state will get their cut too. i got popped by an alprs in maple shade for an expired dl. it raised my insurance slightly. the state is getting 100 bucks a year for 3 years. i forget what they called it, but it sucks.

[louu 399]

I had state Farm and got a ticket changed to the unsafe operation deal and over a year later they doubled my rate. I called them and asked them what's going on and they said they found I had an unsafe operation ticket way back when. I since switched to Navy federal and they didn't charge me for that. 

 

If you are going to get it changed ask for failure to obey signs. There are two different types though, one with 2 points and one with none. 

[fishnut 2,358]

They must not like you. I have State Farm and have never paid a surcharge, but never had more than two points at a time.

10 points on my record after plead bargains in my first 2 years of driving, drivers probation and then a 84mph in a 55mph zone ticket, that resulted in my licenses being suspended. They had every right not to like me, Hell I'm shocked they dident drop me. I'm a good boy (mostly) now. I've had 1 speeding and 1 cell phone ticket in the last 10 years