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Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 35654
Experience:  Run my own practice.
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I received a ticket a week ago for going 71 in a 45. Ive never

Resolved Question:

I received a ticket a week ago for going 71 in a 45. I've never had a ticket before, nor do I believe I was going that fast, it was on a highway where the speed limit changed quickly, and I know I was slowing down. If I plead guilty do I receive all 6 points after I pay the fine? And if so can I take a class to have them removed.
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 5 months ago.

Dimitry K., Esq. :

Thank you for your question. Please permit me to assist you with your concens.

Dimitry K., Esq. :

If I may ask, in what state are you located in?

Customer: New York State is where I got the ticket but I live in NJ
Dimitry K., Esq. :

In terms of pleading guilty that means that you do not contest the ticket or the fine

Dimitry K., Esq. :

you would have to then pay the fine and you will receive all of the tickets.

Dimitry K., Esq. :

sorry, all of the points

Dimitry K., Esq. :

New Jersey will transfer 2 points onto your license from this offense.

Dimitry K., Esq. :

(I happen to practice in New Jersey)

Customer: I understand, I do protest the ticket, I'm just trying to avoid court. So instead of getting 6 points for New York I would have 2 jersey points and 4 New York?
Dimitry K., Esq. :

If you wish to avoid the points, then you would need to plead not guilty, appear in court, and offer a plea deal

Dimitry K., Esq. :

Correct

Customer: Dimitry I've never had points before, in your opinion is it worth fighting? By offering a plea deal I could probably get the sentence taken down since I'm in good standing and have no priors right
Dimitry K., Esq. :

Here is my position on this, and purely based on personal experience--New Jersey as you know has some of the highest insurance rates in the country

Dimitry K., Esq. :

Points will absolutely yank your rate up for at least 3 years if not longer

Dimitry K., Esq. :

Speeding tickets tend to be revenue generators for counties and municipalities. They tend to care less about punishing and more about getting funds.

Dimitry K., Esq. :

Hence, going to court and offering to pay but requesting removal of points, or pleading for less, may be a good idea.

Dimitry K., Esq. :

The quirk in New Jersey law is that they consider any speeding transfer a 2 point violation

Dimitry K., Esq. :

so if they lower your points to 1 from 6, you still get 2 points on your license.

Dimitry K., Esq. :

If you can remove all points, then do it. Otherwise it's cheaper to pay the fine in New York and take the consequences in New Jersey.

Dimitry K., Esq. :

does that make sense?

Customer: That makes a lot of sense, especially with lawyer fees and court costs in play. I only drive to Staten Island for work, 10 minutes in from Outerbridge, I will never get a ticket there again. Basically, the only way going to court makes sense is if I can get all points removed. Which I highly doubt I could do.
Dimitry K., Esq. :

It is possible but that is the approach that you have to evaluate based on your time and resources.

Dimitry K., Esq. :

A no-point violation is not reported

Dimitry K., Esq. :

but any points are treated as 2 for moderate level offenses (not like a DUI or reckless driving)

Customer: Ahhh I see. Ok thank you dimitry I appreciate your help. This is new to me and its been stressful because I've never had violations before
Dimitry K., Esq. :

As for getting no points, it is possible especially if you are out of state and have a stellar record otherwise

Dimitry K., Esq. :

It just depends on the judge and the prosecutor willing to cut you a break

Dimitry K., Esq. :

Those locations want the revenue, they may even waive the points if you agree to the fine. New Jersey, for example, has a program for first time offenders that allows you to pay $250 for a first offense but remove I believe 2 points from their offense...which in my opinion is blatant revenue generation.

Customer: I do, no record of anything otherwise. I think I'm willing to take the chance based on my record and standing, and the situation
Customer: Ill even pay more if it means no points!
Customer: And I agree I believe it's about revenue generation
Dimitry K., Esq. :

Most would which is why the NJ policy is fairly popular

Customer: Ok, I will go with that. I have to wait for them to register my ticket to set up a court time. Thank you dimitry. If I have more questions how would I be able to contact you again?
Dimitry K., Esq. :

Good luck to you. And yes, you can--should you need me again, simply put my name into your question on this site and I will be notified if I happen to be oflfine.

Dimitry K., Esq. :

It would be my pleasure to assist.

Customer: Thank you, XXXXX XXXXX be clear the website is justanswer.com? Last question where in jersey do you practice?
Customer: My name is XXXXX XXXXX the way it was a pleasure
Dimitry K., Esq. :

That is the site, correct. I happen to practice both in PA and NJ, primarily in PA in the Philadelphia area, and more central and south Jersey locations (although central Jersey as we know is a bit of a myth).

Dimitry K., Esq. :

It was a pleasure here as well.

Customer: Haha yes it doesn't exist to most people. But awesome I've lived in west Windsor most of my life and am familiar with cherry hill. Anyway off topic thank you again I will probably reach out soon
Dimitry K., Esq. :

one of my office locations is in Camden county. I am likewise familiar. Good luck to you!

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 35654
Experience: Run my own practice.
Dimitry K., Esq. and other Traffic Law Specialists are ready to help you
Expert:  Dimitry K., Esq. replied 5 months ago.
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