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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41220
Experience:  Run my own practice.
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I was cited to keep right in NJ Turnpike in

Customer Question

Hi, I was cited for failure to keep right in NJ Turnpike in April at 1320pm, the lanes were busy as usual and I didn't know what the was charge exactly. I already set up the court date June 22 to plea of not guilty and I reqested for the particular notes from the officer but I have not received it. Should I ask to postpone the court date?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am a licensed New Jersey professional and will be happy to assist you if I can.
If I may ask, what do you hope to get from the notes? As an aside, notes are not admissible as evidence. Please advise!
Customer: replied 1 year ago.
Hi, I want to plea of not guilty, without paying the penalty and points. thank you.
Customer: replied 1 year ago.
Since I will go to Court June 22, I want to understand which perspective I shall prepare for my defense since I didn't know what the charge means for 39:4-88A Traffic on marked lanes-nearest rght lane. If you want me to describe the details, please advise, thank you.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi and thank you for your follow-up. I do apologize for the delay.
I see that you are requesting a phone call--I do not call as a rule. However, as an additional service, I can discuss this via Skype provided that you agree that this will not create any sort of an attorney-client relationship or any sort of representation. Or I can simply type up my response. Please advise!
Customer: replied 1 year ago.
OK, let's talk through this page.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
This penalty is a 2 point violation, plus whatever fine the officer listed on the ticket. It may be possible to plea down and ask for a ticket without the points especially if you have a clean driving history otherwise---you can ask or probably will be offered a chance to agree to pay about $250 more in exchange for no points. Please keep in mind that in most instances this is done purely to collect revenue for the local municipality and short of evidence that you weren't failing to observe proper lanes and were not weaving in and out (which is essentially what this ticket is for), the ticket would likely be upheld.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Can you help to determine what kind of violation it is for Traffic on marked lanes-nearest right lane? It was April 28 at 120pm, i was driving in the left lane in NJ turnpike(the lane for trucks and buses), the officer turned the emergency light on behind me suddenly, then I yield to the median lane in a few seconds. (there were trucks in line in the right 2 lanes, so I actually switched to the median lane between 2 trucks). However the officer followed me to the median lane, then I realized he wanted me to pull over, so I started to look my right side to find the shoulder to stop. But I saw the acceleration lane, so I have to drive further before I can stop. After I got the ticket, I used Google map to locate the spot I was pull over, it showed there was interchange 11 acceleration lane at mile post 90.6 and I stopped at mile post 91. So the officer gave me another ticket 19:9-1.3 failure to ober traffic signs or signals
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
That is an another 2 point violation, specifically it is:
"
19:9-1.3 Construction Zone or 65 MPH Zone - Failure to obey traffic signs or signals
"
It also has a base fine of about $133 plus all additional fees such as the police fund which generally makes this fine around $250.
I suspect that you would want to plea that down, agree to plead guilty to the other minus points when you accept the other additional fine in addition to the penalty.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
If there is short of evidence, why should I plea down instead of plea not guilty?
Customer: replied 1 year ago.
And since I didn't expect to be pull over, I yield in seconds based on the traffic on the road, and I was passing the acceleration lane which made me not possible to pull over, why I need to plea down? thank you
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
The reason you plead down is because it becomes your word against the officer, and unless you can catch the officer in a lie typically the courts side with the officer. As far as not expecting to be pulled over, nobody really expects to be pulled over, so the claim that you had to get into an acceleration lane is not something most courts accept. A better argument may be that you pulled over as quickly as possible and as safely as possible barring outside traffic which did not permit you to get onto the side and stop safely.
Please take care and good luck!
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Ok, thank you for the advice. Back to my last question, can you help to determine what kind of violation it is for Traffic on marked lanes-nearest right lane based on my description? If you cannot exactly tell, can you give me a few scenarios? for example, I blocked his way? Or I was driving between 2 lanes? I just didn't get what offense I made.
Customer: replied 1 year ago.
Further more, should the officer show the evidence to COURT that I broke the rule before he can charge me? Or he can just give his words to COURT that I am guilty, then I AM guilty. If so, why people are given the options to plea?
And I have Google map to prove there is acceleration interchange lane at Mile post 90.6 and the ticket showed I stopped at Mile post 91, why COURT cannot take it as the evidence?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hello,
No, he can simply state that he physically and personally observed you and then cited you for the violation. A charge happens first, then the charge is either upheld or dismissed. The reason people plea is generally because the courts prefer an efficient and time sensitive hearing--instead of spending 15-30 minutes each on a case, if all issues are resolved pre-hearing, it is a 60 to 90 second plea and the court has more time on their docket on arguably more serious cases.
As far as evidence on where you were cited, if it is within a half mile, it is really considered the same location--you can try to bring in evidence, but I am unclear on what you seek to accomplish--this is not going to be seen as a substantial error that would void the ticket.
As far as what offense you were cited under, the citation numbers you provided to me are those violations. As far as the violation, I suspect that because in New Jersey far left lanes are for overtaking and not for traffic, he cited you for using that as a traffic lane. This is just a guess on my end, however.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
Thank you, ***** ***** find me another expert who is familiar with NJ turnpike in New Jersey?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
I do not believe there is anyone else here who is New Jersey licensed but I can open your question up to others. Do take care!
Customer: replied 1 year ago.
Thank you. As you said the officer can state he physically and personally observed me and then cited you for the violation, but actually I have no idea at all for my ticket he issued for traffic on marked lane-nearest the right lane. It is NJ turnpike and the left lane is allowed for the traffic. Do you come up with any other scenario for this violation?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hello,
I am sorry but I believe you asked me to no longer assist you. I do apologize if nobody else picked up the question, but as you have stated that you no longer need my help I will politely decline to further help out. Please take care and good luck to you! Kindly do not forget to positively rate my answers for the work that I have provided to you up to this point, thank you!
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
I see, and yes there is nobody picked up the question. As you said there is no NJ licensed attorney, can I switch back to you again? thank you.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
While you can switch back to me, since you have already felt that I was not assisting you sufficiently, I will abide by your initial request and cease assistance. Likewise, as I have already assisted you for a fairly substantial period of time without compensation (as is your right), I will politely decline to assist further until my previous work is rated and I am able to obtain credit for my work. Please take care and I do wish you the best of luck with your case.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
If you proceed for giving the advice which can help me out, then yes I will rate positively and confirm the payment, thank you.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
I have opted out and have opened this question to others. Please be well!

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