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Can I re-open a traffic ticket case in NJ ( Jersey City)?

Jersey City, NJ |

I was pulled over about a year ago ( july 2012) and was issued 3 tickets on the same day (Improper passing, careless driving and failure to observe signal. I definitely didn't do any of these things...It was an unmarked car that pulled me over and the police officer told me that there were no points to any of these tickets and that all I needed to do is pay them ( so i paid them). I also could not afford an attorney to fight the case at the time. Is it possible to get this case re-opened and litigated in court for a possible reduction in point or even perhaps be downgraded to zero points.

Prior to that I didn't have any points on my license, just had minor parking tickets.

Please HELP!

Attorney Answers 6

Posted

Yes, the process is an application (called a Motion) to vacate your guilty pleas. Most courts will give you a lot of latitiude and indulgence if you plead guilty without a lawyer and as I your case, you did so without a full understanding of the consequences ... And in your case you were given incorrect information by the police officer. I strongly suggest hiring an experienced municipal court lawyer.

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Anthony J Van Zwaren

Anthony J Van Zwaren

Posted

Unfortunately, trying to handle your own case without legal counsel in the beginning creates a situation where you may have to hire an attorney for more money to undo was done. Chalk this up to experience, if you ever get a ticket or other legal problem in the future.

Posted

Sorry, but your time period to appeal the decision is over

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Posted

While the statute of limitations for appeals is long past (20 days from the date you plead guilty) it may be possible to obtain post-conviction relief in your particular circumstance.

Contact our office to set up an appointment and consult at no charge. Perhaps we can help you out.

The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.

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Posted

Yes, and I know just the lawyer to do it.

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Posted

Yes there are things to do. Depending on the type of passing ticket you have about 6-8 points. This raises your insurance premiums and creates a surcharge from MVC. if you went to court the worst you would have done is 2 points in Jersey City. An attorney may have been able to get to 0 points. Now you need to file a motion or the PCR to open the case. Many times the prosecutor will do the jwork something out, other times they will fight you. You needed an attorney then and certainly need one now.

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Posted

Hi there:

You obviously pled guilty (and signed or appeared in the court and on the record) stating that you were pleading guilty with the knowledge that you fully understood the consequences of pleading guilty to the infractions. Therein lies your biggest hurdle in getting this plea undone.

That being said, I agree with my colleague, Greg Marootian. You would have to file a post-conviction relief application, and/or a motion to vacate your guilty plea, and a properly filed and well-reasoned motion just may convince the Jersey City municipal court. To a lesser degree, the lawyer's interaction with the municipal court judge and the prosecutor may help in this application being granted also.

I wish you the best of luck. And if it weren't absolutely clear, you will most likely fail if you go at it alone. You will need a lawyer this time around!

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