Minor legal advice needed

J

jwblack911

Joined
Dec 15, 2011
Messages
710
Long story short i got a "driving on closed road ticket" a few days after hurricane sandy. i received this ticket almost in the driveway of my place of work. i needed to get to work to prepare the food for a wedding later that day. the officer was very short with me about why i was driving on a closed road. there was a back entrance to work however it had fallen trees down so i couldnt make it that way. i used the main entrance to the property. the main entrance happens to be 200ft from the police station driveway. when he saw me coming down the road lights went on. i wasnt speeding due to the debris on the road and its a school zone. no need to hurry im always early to work.

i went to pay the ticket today $150~ ish dollars and 2 points. i have had a clean driving record my whole life so i wasnt going to get worried about the ticket. today they told me i have a mandatory court date tomorrow evening however i had no received a notice in the mail about it.

questions- i couldnt speak to anyone today about it, when i arrive tomorrow should i try to fight the ticket? if so how would i do it?

i know if i take a plea deal if available its usually $200 a point + the fine. so i would have to pay $550. with my clean record it might be worth it to just pay the fine.

but why is it a mandatory court appearance?

thanks guy, i hope i put this thread in the right location
 
Don't really know the answer, but usually there is a "no contest" box you can check on the ticket and send in the check within X days to avoid a hearing, otherwise, they set it for hearing.
 
i dont have the ticket with me now so i cant check, i think i might have missed that date if there was one. i never heard of an option like that in NJ
 
The first appearance is for your plea, the second will be for your sentence. Been there many times before. It's mandatory because it is your civil right to face your accusers and be present during sentencing. Also if they really stick it to you on the fine you should be able to request a payment plan (I'm not sure how it is out in New Jersey but the last time I went to traffic court (in Hawaii) depending on your income bracket (IIRC) anything over $750 is eligible for payment plans.

What I've done in the past is plea not guilty to the charge then C.O.P. to guilty for a fine but no points and nothing on my driving abstract

If you really wanted to be a PIA you could have requested a jury trial (but then you'd need a real lawyer).

EDIT: C.O.P. = Change of Plea
 
For $550, I'd definitely fight it. It is often recommended to fight tickets because the cops don't always consider the matter important enough to show up for court. And even if they do show up, there's always the chance you could win.

Of course if you can easily afford to lose the money, then I envy you.

Good luck.

Oh yeah, if you have a court date, whatever you do, don't miss it. Missing a court date can cause you a lot more trouble. A warrant can be issued for your arrest if you miss a court date. This doesn't mean that the cops are going to come to your home to arrest you, but if you get stopped by a cop for some reason, or if they happen to run your plate, you could find yourself under arrest.
 
killgar said:
For $550, I'd deffinitely fight it.
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I'd fight it for half the amount ;)

Anyways what Killgar says is true, the only reason cops really show up to traffic court for something like that is that they want the overtime ;)

And yea don't miss your court date... if you do, they'll issue a bench warrant... which is nicely explained by Killgar. And I'm willing to bet Mr. Murphy will rear his ugly face when it does happen... On a date... with your wife/kids in the car, that sort of thing =(
 
jwblack911 said:
should i try to fight the ticket? if so how would i do it?
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Its called "exigent circumstances". Tell the judge that the other roadway was blocked by the hurricane, and that the only reason you were on the closed road was because there was no other option for you. Point to your otherwise spotless record. Be very deferential, with lots of yes sirs and no ma'ams. You have a decent chance of scooting out of this one.

This is not legal advice.
 
I'm not really looking to get into 3 court dates then a jury trial ha. I have a relative who is a criminal eturny. I really don't have the time and I'm not looking to get the municipality anooyed over 150$ fine lol....

And I won't be missing the court date due to a prior issue with a warrant ha. I got a fine for buying the wrong ne transit ticket. A 25 cents difference in the ticket price landed me a 100 fine. :/



Thanks for the advice I will hold none of you accountable for my actions tomorrow. I will update you all tomorrow when I get back from court ughhh



***** but if I do plea NG and go the second court date what are my chances of the cop not showing.its not a huge town but apparently they still a lot going on from the hurricane damage. At the second court date can I still do a COP.
 
I have 35 plus years experience (in a different state) the "cop" will show for court, trust me. As someone else said, explain the exigent circumstances, ask for leniency by the court, explain that you do have a clean driving record and really would like to keep it that way if possible. I don't usually give advice for tickets, but sometimes circumstances should be a consideration...
 
sooo. after the hearing.

1 rookie cop
42 identical tickets
1 nice judge
1 prosecutor who in the past was a sociology teacher of mine
and a letter from the company i work's lawyer

=

29 dismissed tickets. when he wrote the tickets the road was officially open and safe to pass on. apparently the road he ticketed me on was also a private road for the potion he got me on.
 
Yep, it can really pay off to fight a ticket. I'm glad it worked out for you.
 
I got lucky once with the policeman not showing up. He said to fight it, because he might not show up. I felt good about my chances while there, cause he was not amongst the other police officers. I got called #1 spot, and was dismissed. I was really happy that day.
 
I got real unlucky once. Got nailed for speeding in north carolina. Speed was such that I ahd a mandatory court appearance. Too bad for me, seeing as I live in Florida. They knocked it down to the point it wouldnt be reported to my insurance company and i had to pay "only" $200 in "court fees." Plus the 100 or so in travel expenses. Don't speed in the N.C.
 
I'll share my one "ticket" story (if for no other reason it shows that I'm not anti-cop).

I got pulled over on a local freeway for speeding by a CHP on a motorcycle. He said I was doing 90 mph. It didn't really surprise me as I knew I was going fast. But he was cool and told me that he was going to write it up as 75 mph. I'm not sure why he did that, perhaps it was because we were both riding motorcycles. Either way, I was grateful. I paid the ticket ($150) with no other negative effects. Sure I could have tried to fight it, but I knew I was speeding, and the cop was cool, so I just took my lumps and paid my debt to society.
 
killgar said:
I'll share my one "ticket" story (if for no other reason it shows that I'm not anti-cop).

I got pulled over on a local freeway for speeding by a CHP on a motorcycle. He said I was doing 90 mph. It didn't really surprise me as I knew I was going fast. But he was cool and told me that he was going to write it up as 75 mph. I'm not sure why he did that, perhaps it was because we were both riding motorcycles. Either way, I was grateful. I paid the ticket ($150) with no other negative effects. Sure I could have tried to fight it, but I knew I was speeding, and the cop was cool, so I just took my lumps and paid my debt to society.
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Probably like my NC story; 75 and under doesnt get reported to your insurance company. Plus you don't get a mandatory court date. That was cool of him. I don't think anybody in here is anti-cop. We don't like getting ticketed, sure, but they're just doing their jobs. The cop that tickets you today, however, could be the one who saves your life tomorrow. Granted there are some bad apples that spoil the bunch, like the cop in canton, ohio who threatened to kill somebody, but that's for another forum.
 
I would sue the leo for false arrest/accusation as it was an open road at the time. He can plead no contest and agree to community service washing your vehicle once a week for a year.:D
 
killgar said:
I got pulled over on a local freeway for speeding by a CHP on a motorcycle. He said I was doing 90 mph. It didn't really surprise me as I knew I was going fast. But he was cool and told me that he was going to write it up as 75 mph. I'm not sure why he did that, perhaps it was because we were both riding motorcycles. Either way, I was grateful. I paid the ticket ($150) with no other negative effects. Sure I could have tried to fight it, but I knew I was speeding, and the cop was cool, so I just took my lumps and paid my debt to society.
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One of the guys in Basic Training with me had been a CHP officer before enlisting. We were in class one day and after we covered the material, the teacher was chatting with us about life in the Air Force.

He told us a sob story about being pulled over by a motorcycle cop, and having to face the meanest judge in California. :( Someone with a big mouth blurted out that we have an ex-CHP officer with us and the sergeant turned to look at him.

Oh bleep. They recognized each other ...
 
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