My friend borrowed my car and was pulled over for being on his cell phone. I'm assuming the officer ran the plate and used my information on the ticket. License number name the whole nine yards it's as if I got was the one pulled over but I wasn't...
Contact the Court and enter your not guilty plea (seven days prior to the pay-by or appearance date listed on the complaint). Your case will be then assigned a new court date. At that time, you can speak with the prosecutor and explain the situation (i.e. that it was your car, but not you driving at the time of the alleged violation).
Charges are called complaints. Complaints can be issued with either a summons (notice of the charge(s) and requiring a response) or a warrant (requiring an arrest and response). There is nothing unusual about service of a complaint/summons by mail. The applicable NJ Court Rule (re: summons vs. warrant) is:
7:2-1. Contents of Complaint, Arrest Warrant and Summons
(a) Complaint: General. The complaint shall be a written statement of the essential facts constituting the offense charged made on a form approved by the Administrative Director of the Courts. Except as otherwise provided by paragraphs (f) (Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the complaining witness shall attest to the facts contained in the complaint by signing a certification or signing an oath before a judge or other person so authorized by N.J.S.A. 2B:12-21.
If the complaining witness is a law enforcement officer, the complaint may be signed by an electronic entry secured by a Personal Identification Number (hereinafter referred to as an electronic signature) on the certification, which shall be equivalent to and have the same force and effect as an original signature.
(b) Acceptance of Complaint. The municipal court administrator or deputy court administrator shall accept for filing every complaint made by any person.
(c) Summons: General. The summons shall be on a Complaint-Summons form (CDR-1) or other form prescribed by the Administrative Director of the Courts and shall be signed by the officer issuing it. An electronic signature of any law enforcement officer or any other person authorized by law to issue a Complaint-Summons shall be equivalent to and have the same force and effect as an original signature. The summons shall be directed to the defendant named in the complaint, shall require defendant's appearance at a stated time and place before the court in which the complaint is made, and shall inform defendant that an arrest warrant may be issued for a failure to appear.
(d) Arrest Warrant: General. he arrest warrant shall be made on a Complaint-Warrant form (CDR-2) or other form prescribed by the Administrative Director of the Courts and shall be signed by the judge or, when authorized by the judge, by the municipal court administrator or deputy court administrator after a determination of probable cause. An electronic signature by the judge, authorized municipal court administrator, or deputy court administrator shall be equivalent to and have the same force and effect as an original signature. The warrant shall contain the defendant's name or, if unknown, any name or description that identifies the defendant with reasonable certainty. It shall be directed to any officer authorized to execute it and shall order that the defendant be arrested and brought before the court issuing the warrant. The judicial officer issuing a warrant may specify therein the amount and conditions of bail, consistent with R. 7:4, required for defendant's release.See question
I was in an serious emergency to see my father who was placed in critical condition. (lost my father a few hours after) and I was given a ticket for going 114 on a 65 and a reckless driving ticket. They are trying to suspend my license. I used to ...
First, I am sorry for your loss … my condolences. If you plead or are found guilty to the charge, the judge has broad discretion to suspend your license. The speed is very high, but this is only one factor that the judge can consider in determining the length of suspension if any. There are many other factors the court should consider, including your driving record and whether you pose a risk of repeating the conduct. Your lawyer should at the outset, gather all of the evidence to see whether there are any defenses. Your lawyer should also gather as much information about you personally to present to the judge/prosecutor in the event of a guilty finding or plea so that the court can consider your personal situation, not merely the violation (i.e., the high speed). *See question
She recently go her license so she is still in the probationary period. It was Friday night (St. Patrick's day) and her and her older sister were heading home from mall. Light turned yellow and she felt she could make it. officer was waiting in ...
The Municipal Court Prosecutor is not permitted to offer a plea agreement (plea-bargain) to a non-point offense for a probationary driver. The guidance and instruction from the Attorney General is here: http://www.state.nj.us/lps/dcj/agguide/gdl-directive.pdf
The Prosecutor may, however, dismiss the charge/complaint if he/she is unable to prove the offense beyond a reasonable doubt.See question
I have tickets that are over 20 years old. When I called they told me to go to DMV.org suppress but it does not exist. Is there a way to get these tickets suppressed that are 20 years old. I am in WV now and I really don't want to have to keep goi...
Convictions cannot be "removed" from your NJ MVC record absent a motion to vacate or withdraw a plea. If however, you have open charges, you will have to post bail (if the court imposed bail), enter not guilty pleas and have hearings. Because you are out of state, a lawyer should be able to handle the matters without you having to appear.See question
I went to apply for my cdl and the DMV told me NJ has a hold on my license. I got a misdemeanor charge and speeding ticket in late 80s. I appeared for court, they kept the $1200 they took from my person and I appeared before the judge and pd an ex...
The "statute of limitations" is a legal principle setting forth the time period within which a complaint must be filed and served upon a defendant. It does seem odd that you were able to renew your license for such a long time (30-years) without the issue (the "hold") showing up. In any event, detailed research through the NJ MVC and Court(s) is necessary to determine the exact cause of the hold.See question
Drive a box truck over night was pulled over because some called saying I was swerving. Police had me wait until someone came to get me. No drugs not alcohol no property damage or physical damage. 1st reckless driving offense. 39:4-96
It is impossible to predict a "likely outcome." The outcome will depend on a number of facts, such as a review of the police reports, the call that came into the police regarding your driving and your driving history. The offense carries (if you are convicted) 5-points against your NJ driving history, possible license loss, a fine of $50 to $200 and/or jail not to exceed 60-days (although jail is rarely imposed). That being said, based on what you report, the charge (reckless driving) certainly seems excessive.See question
my cousin is paying a kid to take their kids to school, is there a way to find out if he has any traffic tickets and can that information can be obtained from the municipal court?
You can serve a local Municipal Court with a judiciary request form. This is, as my colleagues stated, limited because the court will provide information for cases within their jurisdiction (town/city) only:
If you have the driver's written consent or another (proper) enumerated purpose, you can obtain a NJ MVC driving history (that will contain traffic ticket convictions): http://www.state.nj.us/mvc/pdf/Licenses/DO-21.pdfSee question
I was guilty of a DWI in NYC and sentenced to 6 months suspension and 12 months IID and I am a NJ resident w NJ drivers license...was just curious why I was able to drive the whole time in NJ and any other state I was in except for NY and why my l...
New York does (did not) have the authority to suspend your NJ license. New York can (could) only suspend your New York driving privileges. If the NJ MVC is notified of the NY conviction, they (NJ MVC) can (and will) impose a suspension of your NJ license through a law and process referred to as "reciprocity." The NJ MVC give you notice by mail (that they are imposing a reciprocal suspension) and that you have a right to contest the suspension (although contesting the suspension in this context usually involves very rare and narrow issues).See question
"My sister gave my name when she got pulled over. She is willing to turn herself in, what will the penalty be?" Her license was expired and she panicked. She has never done anything wrong before. Not even a parking ticket
She will be charged with the traffic violations (including a charge of expired license). The police may also charge her under N.J.S. 2C:29-3(7), Hindering Apprehension or Prosecution, a "disorderly persons offense." A lawyer will give her the best chance of eliminating or lessening the penalties.See question
I sold a car with my plates on it and signed the title 6 months ago. I have received parking tickets and easy pass tickets for nonpayment. I am unable to get the plates back. The new owner has received tickets for no insurance. I went to police ...
You will have to enter not guilty pleas on the complaints and explain the issue to the Court. In the meantime, according to the NJ MVC, http://www.nj.gov/mvc/Vehicle/ReportingLost.htm, note the following:
"For a vehicle no longer owned by you
Notify the MVC in writing. Provide a signed statement describing what happened; include a police report if your plates were stolen. Be sure to include your name, mailing address and license plate number. Mail to:
Motor Vehicle Commission
Customer Advocacy Office
P.O. Box 403
Trenton, NJ 08666-0403
You will receive verification of the updated license plate status in the mail. Save the verification in a safe place as proof that you notified MVC."See question