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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27198
Experience:  Lawyer
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I came home at 2am dropping my daughter's friend @ 1:45am.

Customer Question

I came home at 2am dropping my daughter's friend @ 1:45am. No speeding , stayed in the lane , officer though i was drunk. I was very clear to test but just because he stopped he gave 39:4-88B. I don;t have any record of points. Any advice on how to clear this. There is no offense from my part.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: NJ
JA: Have you talked to a lawyer yet?
Customer: nope
JA: Anything else you think the lawyer should know?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You have a right to dispute the ticket. That means pleading not guilty, requesting a trial, and going in to cross-examine the police officer in front of a judge. You're allowed to hire a lawyer to do that, but you don't have to. They have to prove that you did something wrong, and getting pulled over is not a traffic violation. The officer shouldn't be issuing a random ticket just because he mistakenly thought you were drunk. Note that if the officer doesn't appear at the hearing, you'll automatically win. You are allowed, but not required to testify that you were not drinking, had no drinks, were driving carefully, and did not make an unsafe lane change or swerve across the lanes.

Another option is to go to court, talk to the district attorney, and see if they'll lower the ticket to something that's not a moving violation (preferably with a lower fine). The primary reason to do that is to avoid having to go back to court again for the trial.

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