It happens to just about everyone at some time—you’re in a hurry and don’t quite stop at a stop sign or you’re traveling a little faster than you should be—and you get pulled over by law enforcement officers. Maybe there were extenuation circumstances. Maybe it really wasn’t you they clocked on the radar. Can you challenge the ticket? How do you go about doing that?
You can always fight a traffic ticket. The first and most important step, if you don’t want to simply pay a fine and accept the possibility of higher insurance rates and points on your driving record, is to hire an experienced traffic defense attorney. Your attorney will make certain that, when you stand before the judge on the scheduled date, you enter a plea of “not guilty.” You may, however, have to notify the court within three days of receiving the ticket that you intend to challenge it. To determine whether that’s required, you need to contact the specific municipal court where your hearing will be scheduled. As a general rule, once you’ve notified the court that you intend to fight the citation, you’ll either be told to appear on the date listed on the ticket, or you’ll have to schedule a specific hearing date.
Though the court will customarily grant a “reasonable” request for postponement of your hearing, you must either notify the court in advance (if you are unable to attend the scheduled hearing) or you must ask for a postponement when you appear at the scheduled time. If you fail to appear and have not notified the court, you risk the loss of driving privileges. You could also be arrested.
Fighting the Ticket
To successfully challenge the ticket, you’ll need to introduce evidence that creates a “reasonable doubt.” That can be eyewitness testimony or it can be physical evidence. Because traffic tickets are prosecuted in municipal court in New Jersey, you won’t have a right to trial by jury. Accordingly, you’ll make all your arguments to the judge. For that reason alone, it’s wise to be represented by an experienced traffic attorney, someone who can communicate effectively with the court.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we handle all types of insurance coverage disputes. Contact our office online or call us at 856-424-6400. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.