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Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12908
Experience:  Licensed Experienced Attorney/former law enforcement officer
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I was given trafic violation citation in MA "Failed to stop

Resolved Question:

I was given trafic violation citation in MA "Failed to stop red light" on 08/17, I have license from NJ. If I choose to pay the fine will I get any points ?
Also I am moving to CA in 09/1 , and would transfer the license to CA within 10 days.
Given I will be charged 2 points by NJ DMV on my license, when I transfer my license to CA how much points will be tranferred as penality for such violation in CA is 1 point not 2 point.

If I do not transfer my license but get a fresh new license in CA, will be able to get rid of those ponits ? if not what is the best option for me?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex J. Esq. :

Hello my name is XXXXX XXXXX I will be glad to answer your question.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Customer:

yes

Customer:

are you ?

Alex J. Esq. :

If you move to California and obtain a California license, the 2 points would transfer and also you would still need to report this violation to your insurance company.

Alex J. Esq. :

Unfortunately, there is really no way of avoiding getting the points transferred, as you would not be able to obtain a fresh license in CA, as they will be able to see that you had a license in NJ.

Alex J. Esq. :

Does this make sense?

Customer:

but in CA they says that I have to transfer my license in 10 days

Alex J. Esq. :

correct.

Alex J. Esq. :

You would have to obtain a California license within 10 days from moving there.

Customer:

so what if I dont obtain license in 10 days ?

Alex J. Esq. :

It would not help you.

Customer:

in NJ you have 12 points before you get your license suspended

Alex J. Esq. :

And if you are pulled over, you would be cited with a violation, if it is determined that you had moved to California more than 10 days ago, but did not change your driver license.

Alex J. Esq. :

correct.

Customer:

in CA its only 4

Alex J. Esq. :

Correct.

Alex J. Esq. :

So, you would have to be extremely careful.

Alex J. Esq. :

Do you have any other points?

Customer:

no

Customer:

also for minor traffice violation like mine, in CA its only 1 point charge

Customer:

some peole advice me that, if you just fight citation, you will pay more but wont have be charged points

Alex J. Esq. :

Correct

Alex J. Esq. :

It would make sense to contest this citation.

Alex J. Esq. :

So this way, since you do not have any other violations on your record, the prosecutor might offer you to pay fine without points.

Customer:

what about get two points and take exam to get rid of them?

Alex J. Esq. :

Does this make sense?

Customer:

MA dmv told me that

Customer:

MA court judge wont make call on points since I am from NJ

Customer:

is that correct? I did not understand that

Alex J. Esq. :

It would depend whether the violation gets reported to the NJ DMV

Customer:

is MA judge in capacity to prevent my offense transferred to NJ ? if i pay more fine ?

Alex J. Esq. :

However, you would be able to take a defensive driving course in NJ to get rid off 2 points.

Alex J. Esq. :

Yes.

Customer:

so MA judge can prevent that from happening right ?

Alex J. Esq. :

correct.

Alex J. Esq. :

The prosecutor can get your violation reduced to a violating without points.

Customer:

would I have to hire a lawyer?

Customer:

or i can go my self and explain?

Alex J. Esq. :

You can appear by yourself, but it is always a good idea to hire an experienced local traffic defense attorney.

Customer:

alright, I also consider online test option

Customer:

but since my license would be moved to CA

Alex J. Esq. :

correct, that is another option.

Alex J. Esq. :

but you would have to get it done while licensed in NJ

Customer:

i dont know when and where I should get that done

Customer:

i think it will take some time for MA to transfer my violation to NJ

Alex J. Esq. :

Here is the link to the information:

Alex J. Esq. :

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

Customer:

yes

Alex J. Esq. :

You can take the course before the violation is transferred.

Alex J. Esq. :

and when violation is transferred, your points would be reduced by 2

Customer:

really? they said the point should have been already in my

Customer:

license when I take the test

Alex J. Esq. :

no.

Alex J. Esq. :

I believe you can take it at any time

Customer:

and i would have to wait until those points are reduced

Alex J. Esq. :

correct

Customer:

before I transfer my license to CA right ?

Alex J. Esq. :

Yes

Customer:

is it possible that I transfer my license to CA first and take some course their to get rid of points ?

Alex J. Esq. :

No

Alex J. Esq. :

That would not work.

Customer:

so if move my license in CA

Customer:

that 2 points would be permenant ?

Alex J. Esq. :

correct.

Alex J. Esq. :

If you plead guilty to this violation and it is reported to NJ

Customer:

then I have to take course in NJ only to get rid of those points right ?

Alex J. Esq. :

Not if you already got California license at that point.

Alex J. Esq. :

You would not be able to utilize the defensive driving course, unless you still have NJ license.

Customer:

oh

Customer:

if I move to california

Customer:

and my address in nj is still valid

Customer:

can I just keep my license for a year ?

Alex J. Esq. :

If you maintain a permanent residence in NJ

Customer:

yes I do

Alex J. Esq. :

Not if you permanently move to California.

Alex J. Esq. :

As long as, you have primary residence in NJ, file taxes in NJ, vote in NJ, etc...

Customer:

but my family would be in NJ

Customer:

work will be in CA

Customer:

i am not citizen

Customer:

i am immigrant on h1b

Alex J. Esq. :

It depends on whether your move to California will be permanent, since it is where you permanently reside and not your family that would matter.

Alex J. Esq. :

I understand.

Alex J. Esq. :

It doesn't make a difference.

Alex J. Esq. :

You would still need to show that you permanently live in NJ, have utility bills in your name there, etc...

Customer:

show to whom ?

Customer:

would not those points be automatically removed ?

Customer:

there has to be a way in CA

Customer:

isnt there any ? so i had get more than 4 points in NJ, and move to CA

Alex J. Esq. :

It might make sense, instead of making this complicated and worrying about it, as well as for you to travel to MA, to simply retain an experienced traffic defense attorney in MA to handle and resolve this citation for you and this local attorney might get this citation reduced without points or even dismissed on some type of legal technicality.

Customer:

i would never be able to drive ?

Alex J. Esq. :

Points do not stay on your record forever.

Customer:

in CA they do

Customer:

dont ?

Alex J. Esq. :

no

Alex J. Esq. :

they stay on your record for 36 months for most traffic violations.

Alex J. Esq. :

and 10 years for crimes, such as DUI and Hit and Run...

Customer:

is there any place where I can see my point record ?

Alex J. Esq. :

Yes.

Alex J. Esq. :

You can order your driving record.

Customer:

to local dmv ?

Alex J. Esq. :

Do you have any related follow up questions for me?

Alex J. Esq. :

yes

Customer:

thanks for your time

Customer:

just last question

Alex J. Esq. :

You can go to your local DMV and request your driving history / abstract of driving record

Alex J. Esq. :

go ahead?

Customer:

I think I will just retain an attoreny in MA

Customer:

thanks for patience

Alex J. Esq. :

I think that would be the best route

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.

Customer:

sure thanks

Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12908
Experience: Licensed Experienced Attorney/former law enforcement officer
Alex J. Esq. and 7 other Traffic Law Specialists are ready to help you

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