Thank you for your question.
Please permit me to assist you his afternoon. I happen to be a licensed New Jersey professional.
Has she retained counsel as yet or she pursuing this hearing on her own?
on her own we cannot pay any counsel
not a problem--please give me a few moments to find the proper code
just to be clear, she has two tickets--one for running a stop sign and one for driving with a suspended license
The statute that would govern driving with a suspended license is 39:3-40
First conviction is a fine of up to $500
There is also a mandatory surcharge of $250 a year for 3 years by the DMV
That is a first offense
For a second offense the penalties rise to $750 and up to 5 days in jail
well she has a prior conviction for unlicensed driver... but thats not the same thing right?
that is the same
so she would be exposed to the higher penalty
so she will get Jail?
it is possible if the judge wishes to do so. The jail is a potential penalty, it is not mandatory
Here is the breakdown:
For failure to stop at a stop sign, that is governed under NJSA 39:4-144
in such cases what is usual?
in your opinion what are the chances of her getting arrested in court on wed?
Penalties are up to a fine of $200, and 2 points on your wife's license
In my opinion her chances of being arrested are unlikely if she truly did not know that her license was suspended
she would have to provide such proof to the courts that she really did not know that she was in a position where her license was suspended
how could she prove that?
But if she knew, and has has her conviction within 5 years, the courts may choose to make her an example
she can prove it by stating that she never received mail or notice from the DMV notifying her of the suspension (for example)
her conviction was last year... I'm not sure if we recievd a notice in the mail.. is there nay way I can find out?
the burden is on the prosecutor to prove mail was sent out
so unless they have evidence they sent it certified mail, a claim that it may have been lost in the mail is fairly effective
ok so she should just say that she didnt know about the suspension?
If she didn't, it is the best defense she has
otherwise the courts will tell her she had no business driving and would pursue higher penalties.
I dont know is she did, but it was for sure not sent certified....
Can I send you her dmv record to give you a better idea?
I apologize but that I cannot do--it would violate site rules as I cannot directly represent or review
what governs here is knowledge
if your wife has knowledge she was suspended but chose to drive, she has no legitimate defenses other than if this was a true emergency situation.
but if she had no knowledge, that is a viable basis for a defense
Does that make sense?
I guess so. My question is in your professional opinion what would you guess she will receive penalty wise?
I suspect she is looking at a fine of at least $500. She is also looking at a further suspension of license
I just am concerned about her getting arrested. e/t else is fine for me
Highly unlikely unless the courts do not buy her story that she was unaware.
I would say a chance is under 10%
OK that's a relief. So she should just insist that she was unaware
It is the best potential option here, and if she cannot prove notice, the burden is on the other party to prove knowledge
Hope that helps and please be well.
Good luck to you and to you wife.
ok do prosocuters typically come with such proof?
they have the burden of proving their case, so yes, it is exactly part of their job.
Is there anything further I can answer for you at this time?
yes I have one more question... Typically are prosecutors successful at proving knowledge if something was mailed (not certified mail) and the def. claims they didnt get it? Because it seems that's what will keep my wife from being arrested....
That is based on a few separate conditions. First, the courts look to your wife and see if she is believable with her assertions. Second, they look to the past driving history. Third, the judge listens to the prosecutor and your wife to best ascertain the facts. Sometimes judges are more in favor of cutting a break, other times they are more deferential to the state
Here, I cannot make a legitimate guess purely because your wife has a history of non-appearance
That is a negative that is likely going to be used against her
does that significantly up her chances of being arrested?
My apologies on being realistic, but judges take it personally when someone fails to appear in court.
It does not lower the chances.
What your wife should consider is appearing in court early
about 30 minutes or so
and speaking with the state by asking about a potential plea deal.
the prosecutors have the ability to offer a lesser fine or even agree to no jail time, at their discretion, if the specific case warrants a plea
that is the best approach to consider
do you think they will?
I don't know. I do not know the prosecutor or the judge so I cannot make an honest estimate other than to say, as I said above, that it is highly unlikely
unlikely that they will offer a plea?
No, unlikely that they will jail your wife
ok good. that's what worries me, i think I am more worried then her. I am literally losing sleep imagining her getting arressted
I do not blame your worry and concerns, but I see it as fairly unlikely.
Hope that helps and good luck to you!
thanks for your help
You are most welcome, hopefully that helps you to worry less.
Should you need me again, please do not hesitate to request me by name.
Otherwise, kindly do not forget to positively rate my answers so I can credit for my work.
i will thanks so much
You are most welcome!
Thank you for your follow-up. There may be more warrants out but if there are, they would be from a different state and different acts. All outstanding warrants in this state would have appeared in her record, and even out-of-state warrants generally appear in the system also. So while there may be more warrants out, it is very highly unlikely.
we got a notice to appear on the charges my wife's tickets that caused her to get arrested. I already paid the tickets when we bailed her out and when I called the court the receptionist told me not to worry about it. Should she appear? will a warrent be issued if she doesnt?
Relist: Other. On november 6 my wife got arrested on an outstanding warrant. we got a notice to appear on my those tickets. I already paid the tickets after we bailed her out and when I called the court the receptionist told me not to worry about it. Should she appear? will a warrant be issued if she doesn't? this happened in NJ
That is a fairly serious situation--if there is a different bench warrant, the courts can elect to pick her up since that bench warrant, if there is one, was not dealt with or paid for. They CAN arrest her if she shows up with other outstanding bench warrants.
Hope that helps clarify.
Thank you for your follow-up, Ari.
No, case is settled and over when and only when your wife receives a letter from the court that the warrant was released and payments were accepted. Simply getting the bail back does not mean that the case is released or over--it is very likely that it is indeed the case, but ending funds back does not signify that the issue is fully resolved.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).