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Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 16577
Experience:  Licensed Experienced Attorney/former law enforcement officer
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I have a Careless Driving ticket in NJ (39:4-97). How can I

Resolved Question:

I have a Careless Driving ticket in NJ (39:4-97). How can I change it to "no points" violation?
Submitted: 5 years ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 5 years ago.
Hello my name is XXXXX XXXXX I will be glad to answer your question.

Do you have any other traffic violation convictions on your driving record in the last 3-5 years?
Customer: replied 5 years ago.
none.
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

Basically, because careless driving is a pretty serious traffic violation, the best option would be to consult and retain local traffic defense attorney and this local attorney can examine your citation to see if there is any legal deficiencies that can be used to dismiss this citation or if you have any legal basis to contest this citation with a good likelihood of being found not guilty of the violation and even in the worst case scenario if the above do not apply to your citation or the circumstances of your violation, an experienced local traffic defense attorney can approach the prosecutor and negotiate a plea deal, where you might be able to plea to a lesser violation that would not carry points and simply pay a fine. Given the fact that you have a good driving history, this might be a very realistic option for you.


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Customer: replied 5 years ago.
Actually, I believe there was a practice in place in NJ that would allow you to get a non point violation for a higher fee if you haven't had any other violataions in the last 3-5 years. So, I was looking forthis info and if you could provide me with a details on that.
I already know that I can get a local attorney, I'm just trying to avoid a double fee.

Thank you.

Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

I can see if I can find out more information about it for you.

What township was the citation issued in?
Customer: replied 5 years ago.
East Brunswick, NJ
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

I did further research of your question and you can also have points subtracted for participation in NJ MVC approved driving programs, such as a Driver Improvement Program (up to the 3 point annual maximum once every 2 years.)

Here is the list of approved traffic schools:

http://www.state.nj.us/mvc/Licenses/Defensive.htm



If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated

Customer: replied 5 years ago.
Thanks for the info on schools.
You weren't able to find any info on that procedure to avoid the initial points, right?
Maybe that was some "unofficial" practice, though I think I recall it being mentioned somewhere...


Expert:  replied 5 years ago.
Thank you for your follow up.

I wasn't able to find anything official on any type of a point reduction/downgrade of a traffic violation procedure, however a plea bargain can always be negotiated with the prosecutor, so you can always plead not guilty and appear for the initial hearing and approach the prosecutor to see if he would be willing to offer you a plea deal so you can plea to a reduced violation with no points and if the prosecutor would not agree, you can ask the court for additional time to obtain legal counsel and consult and retain a local traffic defense attorney, who might be able to help you get this citation resolved with no points on your record.



If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated

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