Inquiry About Plea Offer Process for Speeding Ticket In NJ
Hello,
I recently received a speeding ticket in New Jersey for allegedly driving 51 mph in a 35 mph zone. When I looked up the ticket on the NJ Courts website, I saw that I have the option to message the prosecutor and request a plea offer.
Before I submit anything, I want to understand how the process works. If I request a plea offer and it’s not accepted, would I still be able to plead not guilty and possibly negotiate again at a later time or on the court date?
Also, this is my first offense and I have a clean record. Based on your experience, what are the odds of being offered a reduced or zero-point violation under those circumstances?
Any insight you can provide would be greatly appreciated. Thank you for your time and help.
As you might be aware, speeding under N.J.S.A. 39:4–98 carries NJ MVC points; in your case, 4 points (15-29 mph over the speed limit). In answer to your question, the chances are extremely high that you will be offered a plea-bargain/plea-agreement, either a no-point or two-point offense.
NJ MVC points translate, but not always, to insurance points, referred to as eligibility points, which impact insurance rates. For that reason, you should contact your insurance agent/carrier to discuss the impact of any proposed dispositions on your insurance rates. Your insurance company might also be able to guide you towards the best possible disposition so that your discussions with the prosecutor can be best guided.
If you decide to use the court’s online pro se (representing yourself) platform, the prosecutor will review your file and extend a plea offer, which you can accept or decline. If you decline the offer, the case will be listed for trial.
At times, for traffic tickets, having a lawyer represent you is not cost-effective; it is a luxury. After absorbing and understanding your legal landscape by receiving credible, straightforward advice and information, you should weigh and balance the costs and benefits, including the value of your own time, of hiring a lawyer.
New Jersey has a unique, rough-and-tumble culture that carries into the court system and the insurance industry! You have a clean record, so I hope you can navigate through to a fair result.
First and most important thing a pro se party needs to understand-anything you say to the prosecutor can and will be used against you if the case comes to trial-he is NOT your lawyer and he is not there to help you.
This a a four point ticket-you may be offered the conventional downgrade to an unsafe operation which is a zero point ticket for a first offense. Bear in mind two important points: you only get 3 of this particular statute downgrade in a lifetime and you need to be sure before you start negotiating how your auto carrier and you employer look upon such a charge. If you are in work where employers routinely check your driving record be careful.
