my son is 17 years old and he has had his provisional license since February. about a month ago he had his first violation. he received a careless driving ticket because he got into a minor Accident. he rear-ended the car in front of him at a traffic light. he got two points on his license and my insurance was notified. now a month later he was stopped again and got two tickets. the police office cut him a break but still issued a ticket for maintenance of lights since the taillight was out and another for his provisional license (39:3-13.4) since he was driving at 2 am. the police officer said a court appearance was not required and that the tickets could just be paid online and that there are no points and my insurance doesnt have to be notified. i'm wondering if this is true and what i should do. i read online that since this is his second violation on his provisional license, it will be suspended. will his license be suspended? should he go to court? should i just pay the fines because i feel like he should just plead guilty? will my insurance and the dmv be notified? or should i even tell my insurance? the police officer said that these tickets just had to be paid, but its the fact that this is his second violation that is worrying me. any and all information to my questions would be helpful. please give details
Country relating to Question: United States
State (if USA): New Jersey
nothing yet. i got the tickets tonight and plan on calling either the dmv or my municipal court in the morning
Good morning,I'm sorry to hear of the situation.Under NJ law, if a driver with a provisional license receives two infractions totaling four or more points, he must enroll in the Probationary Driver School Program. Failure to complete the program or another moving violation conviction while on the program will typically result in a suspension of driver privileges.However, neither the taillight citation, nor the citation for being out too late are moving violations and neither will result in points. Consequently, there would be no danger in paying the fines and doing nothing more. You have no obligation to notify your insurance company of the citations. As he was clearly caught after hours---for which there is no legal defense----and as the tail light could have gone out just minutes before the stop and he wouldn't have even known it, there really is no reason to contest either of the tickets by going to court.He should pay any fines associated with the citations and be done with it.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,Doug
Good afternoon,I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX Is there anything else that I can assist you with? If not, would you please now rate my service to you highly. Thanks in advance!Doug
Your answer was very helpful and I appreciated it very much. I will gladly rate your service, but I just have a few more questions. So basically these tickets just have to be paid and there is nothing more attached to them? Also is there anything else I should know about the 39:3-13.4 ticket? Since my insurance doesn't have to be told, will the dmv still find out and would they say anything to me? After what you said I'll probably not go to the court date on the ticket and just stop by at the municipal building soon to pay them off.
You asked: So basically these tickets just have to be paid and there is nothing more attached to them? Yes, that appears correct.
I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
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