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#675 of 725 2, 2 point tickets in NJ
May 03, 2010 (6:47 am)
I received two 2 point tickets for careless driving and failure to stop yield. There was a very minor accident where only my license plate was damaged, and the other party has not filed with my insurance company after two weeks and still wonder if they will, but in NJ it is mandatory to go to court if have accidents with tickets.
My friend says that I do not need to hire a lawyer but only talk to the prosecutor before my case. I have not done this before or been in court. I haven't done this before so I assume I have room to do so, since can only do 2 no-points in 5 years.
What and how should I ask the prosecutor to get 1 or both tickets to a no-points ticket?
#676 of 725 Re: 2, 2 point tickets in NJ [dbl3]
May 03, 2010 (8:24 am)
At the opening of court, they will ask who pleads "not guilty." You need to be part of that group. You will then go stand in line outside the prosecutor's office. When it is your turn, if you are allowed to even speak, just make the request. Most likely, he's just going to tell you, "this is what I'll do."
#677 of 725 Re: 2, 2 point tickets in NJ [qbrozen]
May 04, 2010 (11:29 am)
I think you are talking about a not guilty plea without a lawyer.
Well what I have admitted it was my fault to the officer because it was, but I heard that I can still negotiate for ticket(s) without insurance points just by asking the prosecutor. It's not getting rid of the fine as with the case in "not guilty" plea but getting a higher fine without points or reduced points. I haven't done this before though. With a lawyer, its a not guity plea, but this doesn't need a lawyer.
#678 of 725 Re: 2, 2 point tickets in NJ [dbl3]
May 04, 2010 (1:55 pm)
What you are looking to do is to plead guilty to a non-moving violation. There are a bunch of them out there. Things like obstructing traffic or "failure to observe sign." If you tell the prosecutor what you are trying to do he'll take it from there. The cop has to sign off on it but in my experience they always do. Don't hold me to that last part.
#679 of 725 Re: 2, 2 point tickets in NJ [dbl3]
May 04, 2010 (2:28 pm)
Ok, here is the deal. When you go to court, YOU HAVE TO PLEAD NOT GUILTY. I thought exactly as you did the first time. I wanted to plead guilty, but to something else. But if you plead guilty, guess what? You don't get to say a word! You don't get to say "I plead guilty, with a caveat." Nope. No sir. Nothing. The only way you can even talk to the prosecutor is by pleading NOT GUILTY.
#680 of 725 Re: 2, 2 point tickets in NJ [qbrozen]
May 04, 2010 (2:45 pm)
When I was a senior in high school we had those elections where you become junior mayor, council, etc. A buddy of mine got be be the junior municipal judge and when he went in to watch the court in action I went along. Sure enough, a guy pleads guilty with "but.".... the judge says "I'd like to help you but you already plead guilty."
#681 of 725 Re: 2, 2 point tickets in NJ [fezo]
May 05, 2010 (11:02 am)
This is what happened. I was on my street at a stop sign and I wasn't paying optimal attention when I went ahead and got into a very minor accident with the car that came from the right, my license plate is bent, and she hasn't yet filed for any damages although she did say there was scrapes on front panel and tire at the time to the officer.The officer came to my house the next day and gave me two tickets for failure to observe sign and careless driving. I told him I knew I was guilty but was going to try to negiotate for a higher fine without points. I'm wondering if this is a nonmoving violation still that I can plead guilty to, fezo? Is there some place I can look them up online?
My boyfriend said that I tell the prosecutor I am guilty of one the failure to observe sign but not guilty for the other careless driving for the reduced points. So technically there is a but in this case because of the two tickets. I'm a little confused I admit
#682 of 725 Re: 2, 2 point tickets in NJ [qbrozen]
May 05, 2010 (11:19 am)
Thank you for your response. On this site, they have a couple types of plea bargains, if I approach the prosecutor and say I would like to have one of my two tickets, the careless driving one, reduced to a fine without points, a moving violation to a nonmoving violation, because I am generally a good driver.
I guess that is the "reduced" type of plea bargain on the site then?
So would I be considered guilty or nonguilty when I ask the prosecutor this? I already told the cop I was guilty.
#683 of 725 Re: 2, 2 point tickets in NJ [dbl3]
May 06, 2010 (3:39 pm)
I think you are getting too caught up in the logistics.
You'll see when you go, it is not very involved. Traffic court is nothing but a business. They want you in and out as quick as possible while getting the most money out of you.
So, you get there, wait, they take roll call and want you to state "guilty or not guilty." When they call your name, you state not guilty. They finish roll call, then say, "OK. Everyone who pled not guilty can go out into the hallway."
You go and wait in line to talk to the prosecutor. When it is your turn, you go in. The one time I did this, he didn't even look up from his desk. He didn't ask me any questions. He said, "Ok. Let's see..... mmm-hmmm.... this is what I'm going to do. I'll reassign this violation to to a nonmoving violation for this dollar amount. Bye."
I suppose, maybe, at that point, you could say, "um, but could you...?" But, honestly, he'll probably give you exactly what you are looking for right off the bat without you having to say a word. They love nothing more than to change violations to nonmoving violations with MUCH larger fines. Like I said, it is a business. They are there to make money, Period.
#684 of 725 Re: 2, 2 point tickets in NJ [qbrozen]
May 06, 2010 (5:15 pm)
Oh thank you thank you thank you. Between you and my boyfriend - I finally get it! The light went on. Hooray! Hooray! I got caught up on why you would say you are not guility at first when you end up saying you are guilty and getting a higher fine. You say that just to talk to the prosecutor and go into the hall. I get it. Then I ask him to have both tickets or one at least changed to nonmoving violation with a higher fine although you are guilty. I was confused about the non guilty but guilty thing. Thank you so much. I'm playing word and business money games I see lol.