Got pulled over phone talking on the phone. A friend told me the law changed in 2014 about driving on the phone. I got a ticked in 2010 for talking on the phone. Does that mean it's my second? Or would it be my first ever since the law passed?
Unfortunately you have to go 10 years before you can get a step down in the offense number. Thus this is your second offense and you face a penalty of $400 to $600 but you should hire a lawyer as you have to start fighting these tickets otherwise for your third offense you face up to 90 days loss of your drivers license. Most of us traffic ticket lawyers offer a free in office consultation, I suggest you set one up.
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The step down is 10 years, so this will be your second. The statute is interpreted as being retroactive. So eventhough your first ticket was before the new law, this will be considered your second offense.
This is a second offense as it is less than 10 years.
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Listen to the advice that Attorney H. Scott Aalsberg gave you and setup an in person consultation with a speeding ticket/traffic lawyer. The advice Attorney H. Scott Aalsberg has furnished to you is correct. You need to immediately protect your rights and hire a speeding ticket/traffic lawyer. A quality attorney will only meet you in their office, because attorney client privilege will only protect you in person, but not over the phone or through the Internet. A quality attorney will never discuss your case over the phone or Internet. You should not be restricted by geographic factors. Good luck.
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It is your second but some court may give a break because of notice. The cost of an attorney to do this may be more than the increased fine.
Whether this is a first or a second will depend on how the prosecutor and/or judge elects to interpret the 2014 law change -- Motor Vehicle may treat it as a second regardless. You would only face a monetary fine regardless, which may cost more than hiring an attorney to negotiate on your behalf. If you wish to fight the ticket, retaining counsel may be advisable, and most of us offer free consultations.
This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in New Jersey and my answers are based upon the law in that jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.
You should consult an attorney. While this offense is only a large fine if convicted, it will leave you vulnerable to a third offense that carries a lengthy suspension.
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