Got 2 traffic tickets at the same time by an officer. 60 in 45 mph zone (4 points) and careless driving (2 points). I filed motion to discovery and discovered that he did not use radar and only paced me. Officer's vehicle speedometer was calibrated in Oct 2012..more than 7 months ago. Should I go on trial if there's a good chance to get those tickets dismissed? Prosecutor was ready to negotiate to dismiss 2 points ticket but that's not fair considering their case is very weak. Please advice.
DUI / DWI Attorney
First, their case is not weak just because the officer "paced" you. Officers are trained to pace vehicles and the best argument that can be made is that pacing is not an exact science.
In your case, the prosecutor will most likely offer you an unsafe driving violation and you will have to pay $433 in total unless the offense took place in a safe corridor or construction zone.
Consider the alternative: Your speed of 60 in a 45 nets you 4 points. Your careless driving citation gets you 2 points, and should you choose to fight this alone you will in my opinion receive all 6 points for your trouble. If you had 4 points because of the pacing, then reducing it to 2 points (and paying the fines associated with same) would be more probable. However, because you have 6 points, a prosecutor is more likely than only willing to offer you an unsafe driving ticket.
Good luck my friend.
Without more information I cannot give you a meaningful answer. You should not attempt to try a case on your own, just because it is in a Municipal Court, does not mean that it is not serious, or that trying a case on your own, will be easy. Good luck!
Without meeting with you, and knowing all the facts and circumstances of your case, my opinion is not to be construed as legal advice, just general educational information.
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Divorce / Separation Lawyer
I would not simply rely on the fact that the officer was pacing you. This is often sufficient for a speeding charge, although it can often be used to justify reducing the rate of speeding to the next lower level. Even if off by a few mph +/- the rate of speed is still high enough not to get the case dismissed. An attorney can usually get the rate lowered and get one of the two charges dismissed, since they are pretty much for the same offense.
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Criminal Defense Attorney
Their case is not weak. The cop can eyeball a speeding violation of 2 points. The fifth wheel is good for a year I believe unless the car was out of service. The careless is another matter. Judge Brown in E. Brunswick is a great Judge. But she will believe the cop. An attorney may be able to get it to 2 points. Judge Brown has not been letting a 0 pointer happen on 4 points.
Criminal Defense Attorney
I agree with my colleagues. If I had to add anything it would be for you to keep in mind that any municipal trial is a bench trial, their prosecutor, their judge, their officer. Unless you get lucky and an important witness (the officer) doesn't make the trial date the chances of beating the tickets at trial are probably not very good. An attorney in the majority of cases can negotiate a better deal. You can try for the unsafe driving (0 points) on the 4 pointer....Maybe you can get the 2 point ticket dismissed and downgrade the speeding to a 2 pointer. Either way you can go on line after the fact and have 2 points removed after completing a safe driver class. You have to be sure you are eligible for an unsafe driving (0 point) and even if you are it is sometimes cheaper to take the 2 and do the online course. Also, different insurance companies have different formulas to determine insurance points. It appears the recent trend is that insurance companies are issuing insurance points to people who plead to unsafe even though they get 0 DMV points, so can make a difference on insurance premiums. Just some things to think about, if your concerned hire one of these fine attorneys.
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