Skip to main content

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

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

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Mark as helpful

6 lawyers agree

Posted

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

Mark as helpful

8 lawyers agree

Posted

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.

Mark as helpful

6 lawyers agree

Posted

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.

Mark as helpful

3 lawyers agree

Posted

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.

Mark as helpful

5 lawyers agree

Posted

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.

Mark as helpful

4 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics