Can I cite the NJ State of Emergency to dismiss my motor vehicle violations?

Asked over 1 year ago - Trenton, NJ

Christie issued a State of Emergency on 27 Oct. On 28 Oct. I was en-route to McGuire AFB to get on a bus to head over to LBI to do what we as National Guardsmen (help out in state emergencies). I was told by my commanding officer I needed to get to the base as quickly as I possibly could. In so doing, I was stopped by an officer and issued two motor vehicle citations: one for failing to maintain my lane, and one for improper passing. Both are $85 fines and carry a possible 6 point hit on my record (a little excessive, but I digress.)

I have my State military orders along with a memo from my commanding officer explaining the nature of my circumstance.



Do you think there is any way of getting these tickets dismissed by citing the State of Emergency/National Guard?

Attorney answers (6)

  1. James Alexander Abate

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . I agree that counsel will help. The orders explain why you are on the road and were in a rush. But summons indicate you drove unsafely. 6 points is alot. So I would recomend counsel to make the case.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  2. Joseph J Rodgers

    Contributor Level 10

    5

    Lawyers agree

    Answered . You or your attorney should be able to persuade the municipal prosecutor to dismiss the tickets, not so much because of the state of emergency, but because you were actively engaged in hurricane relief.

  3. Alexander M. Ivakhnenko

    Contributor Level 20

    6

    Lawyers agree

    Answered . I think you need a competent counsel argue the above fine points for you for better result.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Joshua Sachs

    Contributor Level 19

    6

    Lawyers agree

    Answered . Technically it may not be grounds for dismissal but under the circumstances you might find a sympathetic prosecutor who would agree to dismiss the case or a sympathetic judge who would find you not guilty. But you never know. Mr. Ivakhnenko's suggestion that you consult a lawyer who handles traffic court matters in your county is a good idea.

  5. Jason T Komninos

    Contributor Level 14

    4

    Lawyers agree

    Answered . You are looking at a lot of points on your license so it would be best to go to court. An attorney may be best able to plea bargain down the points or even have one of the tickets dismissed. Even though it is possible that you are guilty, you are a sympathetic defendant given the situation and hopefully the court will take that into account.

  6. Mark M Cheser

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You are not permitted to violate motor vehicle laws even in an emergency. There is a case where a doctor got a speeding ticket rushing to the hospital on an emergency. That said the prosecutor or the judge will likely be sympathetic. Bring the orders and explain. They should offer a 0 point ticket. If not adjourn and call an attorney.

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