My son got a ticket on the way to school for speeding and three other kids in the car, which violated the passenger restriction. I have two questions - first, will the suspensions run concurrently or consecutively? Second - is there any value in challenging this ticket? He obviously can't argue that he didn't have other kids in the car, but the cop checked the 'estimated' and 'radar' boxes on the speeding violation - not sure how it can be both. The cop was driving in the opposite direction and turned around to pull him over. Either way, he is going to get a 60-day on the passenger restriction, so I'm doubting the value of challenging this.
It cannot hurt to challenge the citation. At the very least it will indicate to the clerk/judge that your son is taking these infractions seriously. You're right there's no point in contesting the officer's assertion that your son had other people in the vehicle. The best manner in which to handle these citations is to acknowledge responsibility and chalk it up to a youthful mistake. Particularly in the case of a Junior Operator, it is not lost on the clerk/judge that your son is looking at a loss of license for any finding of responsibility and that is a consequence not only for your son but for you as well. Accepting blame and requesting leniency can go a long way.
In either event, if the court finds your son responsible and the registry of motor vehicles suspends his license he can and should avail himself of a hearing before the Division of Insurance Board of Appeals to get his license back. There is no use in contesting this at a hearing at the Registry because the suspensions are required by statute and the hearing officers have no discretion. The Board of Appeals however would consider your son's case in its entirety and has the authority to order the Registry to reinstate his license.
The information conveyed in this response is not intended as legal advice and does not create an attorney client relationship.
Absolutely appeal and engage an attorney. That is the best chance to beat this ticket. Typically the suspensions do not run concurrent. With jol violations, minimizing the impact is the best thing. With the speeding ticket, he is looking at a suspension, having to retake the license exam, a $500 reinstatement, having to take the attitudinal class and an insurance surcharge. There are absolutely ways to fight this. If you would like a consultation contact my office. We frequently deal with the JOL tickets.
I always advise people to fight tickets. First you have a ticket that may be challenged due to your facts (both methods, travelling opposite direction). Second, in many cases even if you have no hope in challenging the ticket, many times they are either unprepared to go forward (do not have the correct file and the like) or they do not show. This I would not relay upon, however, as they are usually prepared but they are not more than a person might think..
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
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