Defense by Affidavit or Certification Program -
We Go to Court if You Live Out of Area or Cannot Appear for Court
DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM -
WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT 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 Certification 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: Violation Points 27:23-29 Moving against
traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 27:23-29 Improper passing-NJ Tpke., Garden
State Pkwy. and Atlantic City Expressway 4
# 27:23-29 Unlawful use of median strip-NJ
Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 39:3-20 Operating
constructor vehicle in excess of 45 mph 3
# 39:4-14.3 Operating motorized bicycle on
restricted highway 2
# 39:4-14.3d More than 1
person on a motorized bicycle. 2
# 39:4-35 Failure to yield to pedestrian in
crosswalk. 2
# 39:4-36 Failure to yield to pedestrian or
passing a vehicle yielding to pedestrian in crosswalk 2
# 39:4-41 Driving through safety zone. 2
# 39:4-52 Racing on Highway 5
# 39:4-55 Improper action or omission on grades
and curves 2
# 39:4-57 Failure to observe
directions of officer. 2
# 39:4-66 Failure to stop before crossing
sidewalk 2
# 39:4-66.1 Failure to yield to pedestrians or
vehicles while entering or leaving highway 2
# 39:4-66.2 Driving on private property to avoid
traffic signal or stop sign 2
# 39:4-71 Improper driving on sidewalk 2
# 39:4-80 Failure to obey direction of officer 2
# 39:4-81 Failure to observe traffic signal 2
# 39:4-82 Failure to keep right 2
# 39:4-82.1 Improper operating of vehicle on
divided highway or divider 2
# 39:4-83 Failure to keep
right at intersection 2
# 39:4-84 Failure to pass right of vehicle
proceeding in opposite direction 5
# 39:4-85 Improper passing
on right or off roadway 4
# 39:4-85.1 Wrong way on one-way street 2
# 39:4-86 Improper passing,
in No Passing zone 4
# 39:4-87 Failure to yield to overtake vehicle 2
# 39:4-88 Failure to observe traffic lanes 2
# 39:4-89 Tailgating 5
# 39:4-90 Failure to yield at intersection 2
# 39:4-90.1 Failure to use proper entrances to
limited access highway 2
# 39:4-91, Failure to yield
to emergency vehicle 2
# 39:4-96 Reckless driving 5
# 39:4-97 Careless driving 2
# 39:4-97a Destruction of agricultural or
recreational property 2
# 39:4-97.1 Slow speed
blocking traffic 2
# 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
# 39:4-105 Failure to stop at traffic light 2
# 39:4-115 Improper turn at traffic light 3
# 39:4-119 Failure to stop at flashing red
signal 2
# 39:4-122 Failure to stop for police whistle 2
# 39:4-123 Improper right or left turn 3
# 39:4-124 Improper turn: from approved turning
course 3
# 39:4-125 Improper u-turn 3
# 39:4-126 Failure to give proper signal 2
# 39:4-127 Improper backing or turn in street 2
# 39:4-127.1 Improper crossing of railroad grade
crossing 2
# 39:4-127.2 Improper
crossing of bridge 2
# 39:4-128 Improper crossing of railroad grade
crossing by certain vehicles 2
# 39:4-128.1 Improper
passing of school bus 5
# 39:4-128.4 Improper passing of frozen dessert
truck 4
# 39:4-129 Leaving scene of
accident- No injuries 2
# 39:4-129 Personal Injury 8
# 39:4-144 Failure to
observe of stop or yield signs 2
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 Certification for our client. The Certification will need: 1 -
Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of
Offense 5 - Defendants Address
In our detailed Court Certification, 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 Certification
and mail it to our client.
Our clients must read the Defense by Certification
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 Certification 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 Certification 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 Certification
Pleading 11. Mail or fax Defense by Certification 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
