Defense by
Affidavit/Certification Program We Go to Court in Edison and nearby
courts if You Live Out of Area or unable to Appear for Court
Our office helps people with traffic/ municipal
court tickets. We provide representation on most Central New Jersey traffic
cases. Motor vehicle violations and criminal charges can cost you. If you plead
guilty by mail for almost all traffic tickets, in addition to fines you will
later receive points on your driver’s license. Both the DMV and your car
insurance company will impose surcharges and eligibility points for three
years.
If you live out of New Jersey
or will be traveling outside of New Jersey, contact our Law Office regarding us
providing representation under the Defense by Affidavit Rule.
Under the New Jersey Court
Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor
to attempt to reduce points, obtain dismissal of some tickets and provide other
assistance. By reducing points and penalties you can reduce increases in your
car insurance and surcharges.
An accumulation of too many
points, or certain moving violations may require you to pay expensive
surcharges to the N.J. Division of Motor Vehicles or have your license
suspended. Don’t give up! We can appear in court for you on most Central New
Jersey traffic violations.
The following are tickets we
have handled without our clients having to appear because they were not
available. Our attorneys can appear on your behalf without you having to go to
court on the following matters:
The
following are MVC points for NJ Motor Vehicle violations.
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VIOLATION
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POINTS
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27:23-29 Moving against
traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
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2
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27:23-29
Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
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4
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27:23-29
Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City
Expressway
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2
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39:3-29
Operating Constructor vehicle in excess of 30 mph
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3
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39:4-14.3
Operating motorized bicycle on restricted highway
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2
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39:4-14.3d
More than 1 person on a motorized bicycle.
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2
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39:4-35
Failure to yield to pedestrian in crosswalk
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2
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39:4-36
Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in
crosswalk
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2
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39:4-41
Driving through safety zone.
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2
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39:4-52
Racing on Highway
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5
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39:4-55
Improper action or omission on grades and curves
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2
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39:4-57
Failure to observe directions of officer.
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2
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39:4-66
Failure to stop before crossing sidewalk
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2
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39:4-66.1
Failure to yield to pedestrians or vehicles while entering or leaving highway
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2
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39:4-66.2
Driving on private property to avoid traffic signal or stop sign
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2
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39:4-71
Improper driving on sidewalk
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2
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39:4-80
Failure to obey direction of officer
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2
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39:4-81
Failure to observe traffic signal
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2
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39:4-82
Failure to keep right
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2
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39:4-82.1
Improper operating of vehicle on divided highway or divider
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2
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39:4-83
Failure to keep right at intersection
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2
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39:4-84
Failure to pass right of vehicle proceeding in opposite direction
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5
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39:4-85
Improper passing on right or off roadway
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4
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39:4-85.1
Wrong way on one-way street
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2
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39:4-86
Improper passing, in "No Passing" zone
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4
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39:4-87
Failure to yield to overtake vehicle
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2
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39:4-88
Failure to observe traffic lanes
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2
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39:4-89
Tailgating
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5
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39:4-90
Failure to yield at intersection
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2
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39:4-90.1
Failure to use proper entrances to limited access highway
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2
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39:4-91
Failure to yield to emergency vehicle
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2
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39:4-96
Reckless driving 5
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2
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39:4-97
Careless driving
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2
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39:4-97a
Destruction of agricultural or recreational property
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2
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39:4-97.2
3rd offense 4 points
39:4-97.1
Slow speed blocking traffic
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2
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39:4-98
or Speeding up to 14mph above limit
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2
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39:4-99
Speeding 15-29 mph above limit
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4
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Speeding
30 mph or more above limit
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5
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39:4-105
Failure to stop at traffic light
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2
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39:4-115
Improper turn at traffic light
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3
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39:4-119
Failure to stop at flashing red signal
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2
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39:4-122
Failure to stop for police whistle
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2
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39:4-123
Improper right or left turn
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3
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39:4-124
Improper turn: from approved turning course
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3
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39:4-125
Improper u-turn
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3
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39:4-126
Failure to give proper signal
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2
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39:4-127
Improper backing or turn in street
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2
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39:4-127.1
Improper crossing of railroad grade crossing
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2
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39:4-127.2
Improper crossing of bridge
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2
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39:4-128
Improper crossing of railroad grade crossing by certain vehicles
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2
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39:4-128.1
Improper passing of school bus
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5
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39:4-128.4
Improper passing of frozen dessert truck
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4
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39:4-129
Leaving scene of accident- No injuries
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2
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39:4-129
Personal Injury
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8
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39:4-144
Failure to observe of stop or yield signs
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2
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39:5D-4 Moving violation
out-of-state
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2
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053
Woodbridge Ave.
Edison, NJ
08817
732-572-0500
www.njlaws.com
copyright Vercammen Law 2016
Please call us immediately if you need experienced legal representation in
a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for
the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning
Strategies.
Upon request, we provide all potential clients with :
1. Our Written Agreement to Provide Municipal Court Legal Services 2.
Municipal Court Information Sheet
We request all potential clients fill out the Municipal Court Information
Sheet and return to our office immediately. You also need to fax or mail us: 1.
Copies of the ticket and any hearing notice. 2. A check or money order. You can
also pay by Visa, Master Charge or American Express over the phone and by fax.
You should keep the Agreement to Provide Legal Services for your records. Once
we receive the fee paid we will prepare a Letter of Representation to the
Court, Prosecutor and you. We recommend our clients meet with us once prior to
the court date.
After we are retained [paid], we will draft the Defense by Affidavit for
our client. The Affidavit will need: 1 - Municipal Court Name 2 - Traffic
Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendants Address
In our detailed Court Affidavit, the client will need to indicate to the
court the following: It would be an undue hardship for me to appear in person
for trial. I understand my right to a reasonable postponement and waive my
right to be present at the trial. I understand that if I plead NOT GUILTY, the
judge will hear the testimony of the complainant or other witnesses. If I plead
GUILTY, the judge may hear such testimony. I agree to abide by the judgment of
the court. I understand that if convicted, for other than a parking offense, a
record of same will be sent to the Division of Motor Vehicles, which issued my
license.
Our client authorizes us to enter a plea to a lower point violation. Our
Law Office will prepare the Defense by Affidavit and mail it to our client.
Our clients must read the Defense by Affidavit carefully. If you need to
make any changes, make the changes in ink on the form directly. You must
immediately sign in front of a notary and return it to our office. If the
hearing date is less than 10 days away, we recommend you send the signed
Affidavit by Federal Express or UPS.
CALL THE COURT AFTER THE HEARING DATE
On the day of the court session or next morning, you should call the court
directly to determine the specific reduced charge and the total fine and cost.
You should also ask the court who your check should be made payable to and the
address for mailing. Do not call our office since we do not have complete
details on fines and addresses. You must pay the complete fines within 5 days.
Fees. Fees can be paid by VISA, Master Card, American Express, check, money
order or cash. Make checks payable to Kenneth Vercammen PC.
Representation/ What We will do for you in Defense by Affidavit Case. We
will review and research necessary statutes and caselaw, contact the
prosecutor, prepare defenses and determine mitigating factors.
1. Telephone consultation with client; 2. Office consultation with client,
if requested; 3. Offer sound legal advice to client, plus access to our legal
info website njlaws.com 4. Preparation of letter of representation to Municipal
Court; 5. Preparation of letter of representation to Municipal Court
Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of
all correspondence to Court and Prosecutor to client; 8. Opening of file. If
client comes to our office, they may have a free client case folder, Municipal
Court brochure, DMV points brochure, and Website brochure; 9. Review of
necessary statutes and case law; 10. Draft Defense by Affidavit Pleading 11. Mail
or fax Defense by Affidavit Pleading to client 12. Miscellaneous
correspondence, preparation and drafting of pleadings and legal documents in
contested serious cases; 13. Review documents supplied by client and court; 14.
Travel to Municipal Court; 15. Negotiations with the Prosecutor and
Representation in Municipal Court. 16. Preparation of End of Case Letter and
client questionnaire. 17. Free Brochures provided on other legal topics such as
Workers Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail
newsletter. Provide your email address. 19. Follow up telephone advice [If you
call, provide the specific questions with the message]. 20. Invitation to
client socials/ seminars and Community events via email. 21. Hold and maintain
file for seven years in storage as free client service.
Other Legal Services Available. You and the Law Firm may make additional
agreements to provide for legal services not covered by the Agreement.
Additional services or work must be paid for. Without such agreements, the Law
Firm is not required to do any additional work or any of the following: (a)
Provide any legal services after the decision of the trial court; (b) Appeal
any decisions of the trial court or make additional appearances after appearing
in Court; (c) provide other legal services or advice not set forth above; or
(d) Represent you in any other court or Tribunal
Your Responsibility- Please read carefully and follow instructions to help
us help you
1.
You must fully cooperate with the Law Firm and provide
all information relevant to the issues involved in this matter. This includes
providing details on what you told the police and court. 2 You must notify the
court and the law office immediately if your address or phone numbers change. 3
Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a
letter of representation to the court until the Retainer is paid. All fees and
requirements under this written retainer agreement and any other written
documents must be complied with. Failure to comply with all requirements shall
permit the law office to withdraw its offer of representation. The Law Firm
will also withdraw at your request. You must advise our office and the Court in
writing.
4 Pay your fines
immediately. 5. If you call, you must provide your questions to our
receptionist
