I received third unsafe violation in NJ that changed into 4 points. Any way to open the case to change into another violation.

Asked over 2 years ago - Elizabeth, NJ

I appeared by myself in front of judge. A nice prosecutor change my tail gating violation into unsafe one but this was my third one within five years. Is there anyway, I can hire an attorney or write to judge to review my case because with these point i will lose my job, so my house and can effect my family too. Any suggestion?

Attorney answers (3)

  1. Mark M Cheser


    Contributor Level 20


    Lawyer agrees

    Answered . You were not listening to Judge Marshall. He usally tells you that you cannot get 3 97.2 convictions. You can file to reopen but depending on the judge it may not happen. Judge Russel and Marshall will allow it. You may not be able to get an alternative 0 pointer either. You need to weigh the cost with the percentage of success. Call for a consultation.

  2. James Alexander Abate


    Contributor Level 17

    Answered . You can hire an attorney, who will file a motion to withdraw the guilty plea. How formal or difficult this will be depends on the court and judge. having an attorney that is well versed with the court will help. Your attorney can then discuss a different plea bargain with the prosecutor after reviewing your certified drivers abstract. But, if this is going to generate a suspension, you may also need your attorney to file an appeal of the suspension with the MVC. My firm is well acquainted with the Union County Courts and we offer a free consultation. Feel free to give us a call. 732-412-2364.

  3. Carl Scott Spector


    Contributor Level 11

    Answered . You can hire an attorney to attempt to withdraw your plea. Since you entered the plea with out the benefit of an attorney the judge may give you back your plea, there is no guarantee. If your plea is vacated you will be back in the position you were in before the plea was taken and will be faced with defending your case. That will leave you with a choice of trying to plea bargain again and if not acceptable then pleading to the tailgating which is 5 points or going to trial.

    Good Luck-

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more

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