Speeding ticket, Tried in municipal court, Found guilty on lower charge, Appealed,
Due to an issue with witness's testimony, sent back for retrial.
Personally see more cons, then pros, thoughts are welcomed.
Pros: No Points, No Fine, Clean Record
Cons: Takes lots of time, time is money, may lose again at trial level especially without a good lawyer
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Same as the first time. Pros: you win. Cons: you lose. You've seen the case against you though. Now you can be more prepared. Should really hire an attorney.
Pros: You can win
Cons: You can lose
How about though being smart and entering into a plea bargain?
Fine or imprisonment not
exceeding 15 days, or both when
guilty. Fine doubled when driving
20 mph over speed limit or 10 mph
over in a 65 mph zone
NJ MVC Points 39:4-98 or Speeding up to 14mph above limit 2
39:4-99 Speeding 15-29 mph above limit 4
Speeding 30 mph or more above limit 5
Plus 2-5 car insurance points
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law. To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. Consult and hire a NJ Certified attorney asap.
It is very unlikely that a municipal court judge will overturn a decision on an appeal. Pros are that you win and potentially have the ticket dismissed. Cons will be the money, time, expense of attorney, time from work, etc. that you will take in order to fight or appeal a decision that will most likely no get turned over. Depending of course on what exactly was the issue with the witness's testimony.
More information is needed. But normally if the Judge found you not guilty of the higher charge that is gone and the retrial will be only on the lesser charge. The appeal was de novo so that may not be so, depending. . I do believe they cannot give you more of a sentence if found guilty again. You have the transcript so anything they say different you can question. Use an attorney.
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