I was out drinking this past weekend and decided I was too drunk to be at the bar anymore so I tried to leave and head home. After getting a little lost, as I was in an unfamiliar area, I made it safely home. Upon discussion with some friends they...
A complaint can be issued on a warrant (meaning the accused will be arrested) or a summons (meaning that the accused will have to respond at a later date by appearing in court). It is, therefore, possible that you were given (handed) a complaint with a date to respond. I suggest that you contact the court and/or a lawyer to see whether a complaint was issued so that you can respond properly - otherwise, the court will issue a warrant for your arrest for failing to appear/respond to the complaint.See question
I recently got a careless driving ticket for making a left onto a street I believed was a 1 way, but was actually a 2 way. All the other streets around it are 1 ways and there was a line of cars parked on the left side of the road, and on the righ...
If you are concerned about the points (the charge of careless driving carries 2-points), enter a not guilty plea. You can speak with the prosecutor when your case is listed and ask for a plea-bargain (plea-agreement) for no points. If you want the convenience, efficiency and assurance of the best possible result, hire a lawyer, although you should be able to get a point reduction on your own.See question
I passed the test to be a cop. My Investigator told me that this charge will disqualify me. Is there anything I can do this is my first time getting arrested. Also the drugs were not mine. I was going to try to get pardon because I heard that's my...
What happened to the charge; were you convicted, did you plead guilty? If you plea guilty or were found guilty, or if you accepted a diversionary program, I suggest that you speak with a lawyer regarding a post-conviction-relief application that seeks to vacate the conviction and/or otherwise seeks a dismissal or not guilty finding.See question
I just recently started trying to get on track with my license and the counselor told me I have to do this 16 week course and it doesn't work around my schedule. I know people that got in a drunk driving accident and had beer in the cup holder an...
Everyone convicted of DWI (Refusal or Underage Drinking/Driving) in NJ is required to attend an Intoxicated Driver Program (IDP) at an Intoxicated Driving Resource Center (IDRC) consisting of education and screening.
The IDRC may mandate treatment based on:
(1) evaluation of answers recorded on an Intoxicated Driver Program Questionnaire that addresses quantity/frequency of alcohol intake, binge behavior, symptomatic drinking, spouse-relative problems, friend-neighbor problems, job problems, law and accident problems, health problems, financial problems, belligerent drinking, and dependency,
(2) prior offenses,
(3) a blood alcohol concentration of .15 % or more,
(4) prior alcohol/drug treatment,
(5) driving record,
(6) counselor interview and observations,
(7) outside information (received from outside sources such as a client's family, treatment facilities counselors or physicians), and
(8) age of the offender.
For a drug DUI, does a DRE need to have you sign a urine consent form like the implied consent form a breath test? What happens if they skip the form and just ask for your urine? A friend gave urine assuming she had to and had no say, like the bre...
A defendant lawfully arrested for DWI (i.e., supported by probable cause), must provide breath samples. In other words, there is "implied consent" to provide breath samples. The police must advise the defendant regarding his/her obligations and rights by reading a "standard statement" under N.J.S. 39:4-50.2. On the other hand, a defendant is not required to provide blood or urine samples. The police must obtain a warrant to collect blood/urine or satisfy one of the narrow exceptions. One exception (to the warrant requirement) is consent. However, for consent to be valid, the consent must be knowing and voluntary, including knowledge of the right to refuse (consent). A consent form is not required but is the preferred method (for obtaining consent).See question
I was stopped today for not displaying a company name and town on a commercial vehicle. My issue with the stop is that my van is under temporary registration and there is no way to know whether a vehicle is passenger or commercial through a tempor...
The issue is not "probable cause," but "reasonable suspicion." The police need reasonable suspicion to stop a car and probable cause to make an arrest. These terms are often confused. In any event, if the basis of the stop is solely the failure to display a company name on the van, there is not reasonable suspicion for the stop. NJ addressed this identical issue in 2005.See question
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