I HAVE A DILEMMA WITH MY DAUGHTER WHO IS RECENTLY DIVORCED AND IN HER 30'S. SHE HAS BEEN OUT OF WORK FOR 2 YRS JUST GETTING A FULL TIME JOB WHICH IS 40+ MILES AWAY FROM HER HOME. MONEY IS TIGHT FOR HER SO I HAVE BEEN HELPING BUT NOW THE LATEST INCIDENT MAY STOP THAT ALL TOGETHER.ABOUT THREE MONTHS AGO I HELPED TO GET HER DRIVERS LICENSE RESTORED BECAUSE OF A PARKING TICKET HER EX HUSBAND HAD GOTTEN BUT NEVER TOLD HER ABOUT. SHE WAS STOPPED AND THE POLICE ADVISED HER TO GET THINGS TAKEN CARE OF WHICH WE DID AND HER LICENSE WAS RESTORED NO PROBLEM. THE NJMV ADVISED HER AT THAT TIME THAT THERE WOULD BE A SURCHARGE ASSESSED AND THEY WOULD ADVISE OF THE AMOUNT.LONG STORY SHORT, SHE NEVER CHANGED THE ADDRESS ON HER DRIVERS LICENSE BECAUSE THE EX WAS A STALKER AND THREATENED HER ALL OF THE TIME. BECAUSE OF THAT SHE WAS NEVER ADVISED OF THE AMOUNT OF THE SURCHARGE ETC AND THE STATE SUSPENDED HER LICENSE AGAIN WITHOUT HER KNOWLEDGE.ABOUT A WEEK OR SO AGO SHE WAS STOPPED IN METUCHEN NJ FOR A MALFUNCTIONING BRAKE LIGHT AND RECEIVED TICKETS FOR THE LIGHT AND DRIVING WHILE ON THE SUSPENDED LIST. I HELPED HER THE SAME DAY AND WENT TO NJMV AND PAID ON THE SURCHARGE AND RESTORED HER LICENSE. SHE STILL HAS TO APPEAR IN COURT IN METUCHEN.SHE WAS PLACED ONTO MY AUTO INSURANCE BECAUSE OF HER UNEMPLOYMENT AND FINANCIAL DISTRESS, BUT I JUST RECEIVED MY RENEWAL AND THE INSURANCE CO WANTS ME TO PAY THEM 3X WHAT MY PREMIUM WAS LAST YEAR BECAUSE OF THE TICKET SHE GOT. THEY WON'T CONSIDER REDUCING PREMIUMS UNLESS AND UNTIL SHE HAS THE CHARGES DROPPED OR REDUCED.IS THIS POSSIBLE BECAUSE OF HER SITUATION, AND SHOULD SHE HAVE AN ATTORNEY WITH HER TO TALK TO THE COURT TO HAVE THE CHARGES REDUCED OR REMOVED. SHE IS A BRIGHT GIRL WHO HAS GONE THROUGH GO MUCH BUT SHE IS IMMATURE TO AN EXTENT. I HAVE A FIXED INCOME AND I CAN'T PAY THE NEW PREMIUM OR A HEAVY FINE FOR HER. WE NEED ADVISE AND HELP. RECOMMEND A GOOD BY INEXPENSIVE ATTORNEY FOR HER.
State/Country relating to question: New Jersey
STRICT PANIC MODE RIGHT NOW. DON'T KNOW WHAT TO DO.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand your concern. It is always best that a defendant retain an attorney, who can look over the facts of the case and see if there are any legal defenses.A charge like this could not only carry with it a fine and court costs but an additional suspension. In a driving on a suspended license charge, the State is going to be to prove that she had notice of the suspension. If there was an previous issue with the license being suspended and it was reinstated but it got suspended again as a result of not paying the surcharge, there could be a defense to raise. Moreover, the fact that she corrected the problem as of her court date and can show a valid license, may result in the State amending the charge to a lesser offense or dropping it. Another issue for the attorney to look into is her driving record, to see if it is reflected that notice was send. Here is a link to an attorney in New Jersey, who addresses this specific issue, defenses that can be raised and factors to look into. http://www.njlaws.com/driving_on_a_suspended_license.htm You may want to contact him tomorrow for representation of your daughter. You can also search a website like www.martindale.com or www.lawyers.com to find an attorney or contact the NJ Bar Association for a referral.
HOW DOES THE FACT THAT SHE DID NOT CHANGE THE ADDRESS ON HER LICENSE FIGURE IN A DEFENSE. PARTICULARLY WHEN SHE WAS TRYING TO KEEP HER NEW ADDRESS A SECRET SO SHE WOULD NOT BE STALKED BY HER EX OR SUBJECT TO HIS SHOWING UP TO DO HER BODILY HARM.LIKE MOST WOMEN, SHE IS THREATENED, STALKED ETC AND WON'T BRING CHARGES OR FILE A COMPLAINT BECAUSE OF THE CHILDREN. WOULD THIS CARRY ANY WEIGHT IN THE MATTER. SHE DID NOT WILLINGLY AND KNOWINGLY DRIVE WHILE SUSPENDED, AND HAD SHE KNOWN THE AMOUNT OF THE SURCHARGE WHEN WE RESTORED HER LICENSE FOR THE TRAFFICE TICKET IT WOULD HAVE BEEN PAID WITHOUT A DOUBT.IS THE REFERRAL ATTORNEY REASONABLE AND INEXPENSIVE? SORRY, BUT WHEN YOU HAVE LIMITED FUNDS YOU CAN'T ORDER CAVIAR AT THE RITZ NO MATTER HOW GOOD IT MIGHT BE. WILL HE DO A FREE CONSULTATION?
I certainly understand. While it can be a mitigating factor, that fact that she failed to update her license with a new address, in itself is a violation. As such, it is a two way street. She can explain the basis behind it but at the same time, the State is going to tell her 1) she was obligated to change this and 2) she should have filed a report, even if the children are involved for her own protection and theirs. In addition, if she knew they were going to send her information about the surcharge, she had an obligation to follow up and check what is was going to be, to pay it. Based upon what was stated above, she just did not follow up on it. Maybe she forgot but she was still aware that it would be sent and needed to be done. Most criminal defense attorneys will meet with you for a free consultation. Moreover, prices will vary, so if this specific attorney is outside of your price range, you can 1) make him a counter offer or 2) speak with and consult other attorneys, who may be reasonable.
Did she ever intend to update her mailing address on her license?
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