Monday, April 10, 2023

Traffic Ticket Representation NJ

 

 

Traffic Ticket Representation

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

TRAFFIC REPRESENTATION AND NO POINTS

TRAFFIC VIOLATIONS 4 POINTS OR LESS N.J.S.A. 39:4-1-   WE GO TO COURT TO TRY TO NEGOTIATE FOR   NEW NO POINT TICKET

 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 or in court for almost all traffic tickets, you will have to pay fines in court and will later receive points on your drivers license.  Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.

         Under the New Jersey Court Rules, a New Jersey  Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 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.

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
39:4-81       Failure to observe traffic signal 2
39:4-82      Failure to keep right 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  or shoulder 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
39:4-98 or   Speeding up to 14 mph above limit 2
39:4-99       Speeding 15-29 mph above limit  4
39:4-99       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
39:4-123    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
39:4-128.1 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
39:4-144    Failure to observe stop or yield signs 2
39:5D-4 Moving violation out-of-state 2

  Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters.  Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

The new no point statute reads as follows:39:4-97.2  Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.


/1.  a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

/b./A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

/c./A person convicted of a second offense under subsection a. shall be subject to a fine of  not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

/d./A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

/e./An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

/f./In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

 THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

     The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.

   Representation/ What We will do for you.  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 www.KennethVercammen.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
11. Determine defense and mitigating factors;
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.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

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