I got probation for six months but I still haven't gotten the letter in the mail so did my probation start already? : They arrested me for possesion of marijuana and I got probation for 6 months , so my question is can I smoke ? Because I haven't gotten the letter in the mail yet so did it start yet ?
Marvin’s answer: In fact, regardless of whether you are on probation, smoking marijuana is illegal in New Jersey without valid enrollment in the medical marijuana program. However, to add to what the other lawyers have said, you should follow up with the court or probation department to ensure that notices are being sent to the correct address and that they have your correct contact Information or else you could risk getting a probation violation. I have had clients that have had to appear In court for violating probation when they never received notice in the first place due to address change, etc.
What should we do if we think we are totally un-guilty for the ticket "leaving the scene of accident with property damage" ?:
Recently, we have received a ticket charging us "leaving the scene of accident with property damage" on local highway (highway with stop lights) but we did not awear anything happend on the time and location mentioned in the ticket. And also we could not find any damage on our car except some old scratches (apparently with the wall of my garage). It more than 7 days after the "accident and we still could not get the police record from the police department (need approval from supervisor)so we do not know what exactly happend but the court day is schedule a week after today.
I have never had any accident since I started driving. I would appreciate if anyone can give advice on:
1) Should we talk to our insurance company?
2)Should we find a lawyer? we are in Edison NJ.
Marvin’s answer:
You should certainly hire a municipal court / traffic attorney in your area for the ticket. There are serious consequences for being found guilty of, or pleading guilty to, leaving the scene of an accident, including loss of license, jail time and fines. These penalties increase when there is bodily injury involved. However, an attorney should be able to prepare a defense under your facts, by showing, for example, you were unaware of being involved in the accident, or perhaps your vehicle was not actually involved in the accident. You need to obtain the discovery and see what evidence there is against you.
These tickets are often plead down to failure to report an accident which should carry only minor fines, but obviously this is best accomplished through the representation of an experienced attorney. I have copied the text of the statute for leaving the scene of an accident below, NJSA 39:4-129.
You should also contact your insurance company if you have reason to believe your vehicle was involved in an accident to prevent the insurance company from disclaiming coverage for either damage to your vehicle, or the other vehicle.
NJSA 39:4-129
(b). The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
Is my license plate on the "hot list"?: My daughter lost her license. She has a car, but it's in my name, not hers. If the plates are scanned, will it come up that the driver is suspended? Or is it still safe to drive since it's technically mine and my license is valid? My car broke so I want to use hers, but it's not worth it if the cops are going to target that car.
Marvin’s answer: If you have a valid license, and the vehicle is properly registered and insured and has a valid inspection, you should be fine to drive. Check out the car mechanically too of course, to ensure its safety. Make sure all lights are operational as well. As for being pulled over, if the car is registered to you, the police shouldn't have any reason to hassle you over your daughters suspended license. If the car has tinted front windows you could be stopped for that however.