I got a 4-pt speeding ticket, 76 in a 55 on the NJ Turnpike going south on the eastern spur, issued in North Bergen. I had a PBA card, but was too distressed at the time and didn't show it until after the ticket was written. This is my first offense, and is on a provisional license. What could be done with this to get the points taken off or at least reduced? Thanks.
Unfortunately, it will be very difficult to plea bargain your case down to lower points. A couple of months ago Ann Milgram, the NJ Attorney General issued a directive to prosecutors disallowing plea bargains with provisional license holders.
You can, however, attend a defensive driving class which would remove two points from your record. After that, three (3) points are removed every year that passes without you receiving a violation.
If you have further questions, please feel free to contact me.
***This answer is for general information purposes only, does not constitute an attorney-client relationship, and is not meant to be a substitute for consulting with an attorney.***
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1 lawyer agrees
Family Law Attorney
I suggest you retain an attorney to represent you. Be aware that if you have a provisional license, you may not plea bargain your ticket to a zero point offense. The best you will be able to do is reduce it to a two point offense. Technically, a PBA card does not "entitle' you to anything, but you can ask your attorney to see if it will make a difference. More than likely, you should be able to get this reduced to a two point speeding ticket.
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1 lawyer agrees
Criminal Defense Attorney
I agree with the assessments of my colleagues, that it will not be possible to downgrade the offense to a 0-point offense for a provisional license - due to the prohibition against doing this by the AG. There is another issue however, and that is the potential for the license to be suspended if you end up with a conviction for more then a 2-point violation. Since you are a provisional licensee, the provisions of NJSA 39:3-13.4 would likely kick in if your conviction was for more then 2 points. I suggest that you consult with an experienced defense lawyer admitted to practice law in NJ before you try to dispose of this violation to determine what the potential ramifications can be. Good luck.
This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer. While I do practice law in NJ, this response does not constitute legal advice; does not create an attorney-client relationship; and, is not intended as an attorney advertisement. I urge you to immediately contact an experienced criminal defense lawyer of your choice, who is admitted to practice law in NJ before you make any decisions about this case.