How much does it cost to file an motion to open up a case for a traffic ticket

Asked over 4 years ago - Camden, NJ

just got ticket yesterday and paid 85 today not knowing there are 2 pts want to try and fight

Attorney answers (2)

  1. Elliot S Stomel


    Contributor Level 14


    Lawyer agrees

    Answered . There are two possible ways to go in New Jersey. The first, is to call the Court and explain your situation. If you "mailed" in your payment yesterday, your check may not yet be posted with the Court. The Court staff may be willing to keep an eye out for it, mail it back to you, and schedule your case for a hearing. If you made your payment on line or personally appeared at the violations bureau to make your payment, the payment may already be entered into the computer. Once entered, it is a little more difficult to back it out of the system, and you will need to file a formal Petition for Post-Conviction Relief. In effect, you are requesting that the Court re-open your case on the basis that you were not represented by legal counsel and were unaware of the consequences of your paying the ticket at the time you did so. This process is a little more complicated and it may be wise to retain an attorney. There is no set fee for filing a Petition for Post-Conviction Relief. Please bear in mind, however, that the fee will probably be more than it would have been to simply represent you in the first place. You are not only asking your lawyer to help you tie your shoelaces, here. You are also asking that he first get the knot out that you created for tying them improperly to begin with

  2. Thomas Carroll Blauvelt


    Contributor Level 16

    Answered . If you did not mail in your ticket with a guilty plea and fine payment, you can contact the court and plead not guity to the offense. You or your attorney will have an opportunity to speak with the prosecutor to try to negotiate an amendment or downgrade of the alleged offense. Everyone wants no points for their amended offense.

    If you have already pleaded guilty and mailed in your fines, you can contact the court and advise that you wish to retract your guilty plea at this time and enter a not guilty plea. If your check was cashed, then a motion to vacate a guilty plea will usually undo what's done in that regard.

    Most lawyers charge a flat fee for this service which should include their going to court with you once the matter is re-opened.

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