If I get pulled over for a defective brake light, Title 39 3-66, is there a grace period to get it fixed and dismissed?

Asked over 2 years ago - River Vale, NJ

In NYC, you could receive a summons for the same infraction, however if you were able to get it fixed, bring it to a police station and show it was fixed within 24 hours of the offense, they would dismiss the ticket.

Isn't there anything at all like this in Bergen County NJ? I mean what if you check your lights diligently and it went out at some point as you were driving? Is there no grace period to rectify the issue?

This makes no sense. Pulling someone over for this without a warning or a chance to fix the issue and get the ticket dismissed. This also opens opportunities for the police to search for other things they can write up tickets for.

Attorney answers (4)

  1. Brandon D. Walcott

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . You should plead not guilty( the court will give you a new court date), get the brake light fixed before the next court date, then on your court date bring with you a copy/receipt of the work done by the mechanic and show the prosecutor that it is now in proper, working order. Despite, it being considered a "small" infraction, I've seen prosecutors give pro se individuals (people unrepresented by an attorney at court) a hard time about this specific violation. If you can, i'd hire an attorney. If not, you should proceed accordingly.

    Call my office fore a more thorough explanation free of charge. (609) 390-8888.

    The Law Office of Brandon D. Walcott - 3 Harrys Court, Suite A, Ocean View, NJ - (609) 390-8888 - bwalcott@... more
  2. Thomas Carroll Blauvelt

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . You can plead not guilty and provide proof of the repair to the prosecutor. He or she may be willing to suspend the fines based on such proof.

  3. Benjamin G Kelsen

    Contributor Level 17

    3

    Lawyers agree

    Answered . You may be theoretically correct, however the police are within their rights to issue the summons. Enter a plea of not guilty and show the prosecutor that you had the lights fixed and they may dismiss the charges.

    Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-... more
  4. Jennifer Melissa Mendelsohn

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Police are within their rights to write the ticket up for this violation. It will be up to you to provide all relevant documentation related to the repair to the prosecutor. It will be within his/her discretion to completely dismiss the ticket. Good luck!

    This message does not constitute legal advice and is for informational purposes only. This message does not... more

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