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Samuel-II
Samuel-II, Attorney
Category: Traffic Law
Satisfied Customers: 27009
Experience:  I have been handling minor traffic offenses for more than 20 years.
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How many times can you postpone a court appearance traffic

Customer Question

How many times can you postpone a court appearance for a traffic violation in which you are pleading not guilty?
The ticket is for my 18 yr old daughter and her 1st. Can I represent her in court without her present?
Is there a law that regulates the lowering of posted speed limit within a certain distance? ex: speed limit is 60 MPH, then the next posted speed limit is 30 MPH within 1/8 of a mile from the 60 MPH posting.
The ticket, which the officer handed out, has information changed and written over on our copy. The info written over is the most important info on the ticket, it is the speed traveling and the speed limit. You may know this but the tickets are carbonized and the driver receives the last copy. All other info is clearly visible, so it was not written in due to lack of visibility on the ticket.
The other issues, that I understand are hard to prove are: my daughter doesn't dispute being over the limit but does dispute the fact that she was traveling at 60 MPH. Also, 2 things are strange to me: the time of the ticket is listed as 23:59pm, Friday, 5/13/16 which my daughter and 3 passengers are fairly certain that it was no earlier than 12:10am Saturday 5/14/16. Her speed that is listed on the ticket is 60 MPH in a 30 MPH zone. 30 MPH over the limit is 5 points on her MVR. Possible but suspicious to me. I have attached a copy of the ticket.
Thank you, Dan
Submitted: 5 months ago.
Category: Traffic Law
Expert:  Samuel-II replied 5 months ago.

Hello

This is Samuel. I am sorry to hear of this matter for your daughter. Unless you are an attorney licensed to practice in NJ you may not "represent" your daughter. However, you can sit behind her in court and when she is addressing the judge she can request to confer with you.

Keep in mind, that with a first offense, she may request the court keep the fine to a minimum and also request that no points be assessed. She can be placed on a Probation period and if she has no other traffic offenses the court will not assess the points.

Expert:  Samuel-II replied 5 months ago.

As to how the ticket is written, I suggest it does not appear there is anything wrong with it that would allow for a dismissal.

Customer: replied 5 months ago.
a police officer can write over information on a ticket that will only appear on the drivers copy of the ticket and not the original and court copy?
Can you please answer the other questions?
Expert:  Samuel-II replied 5 months ago.

Hello

I apologize for the delay. I was in court on Friday. Yes. The ticket would only be voidable if there were some material facts that were inaccurate. For instance, the make, model of the car or the wrong name of the driver -

Customer: replied 5 months ago.
Is The speed that the vehicle was supposedly clocked at a material fact. We can't prove the speed was inaccurate although my daughter was aware the area is a known speed trap and doesn't believe she was driving 60 MPH. The speed that the officer wrote on the ticket was written over, in pen, on the last copy of the drivers CARBON copy. Meaning all info on the ticket is a carbonized copy and legible. The words 60MPH IN A 30MPH ZONE is written over the carbonized writing in dark black ink. Would that be considered a material fact (the most important info on the ticket) being altered?. No initial next to the errors etc.
Expert:  Samuel-II replied 5 months ago.

You can certainly dispute the speed the officer says on the ticket. Yes, it is a material fact.

Expert:  Samuel-II replied 5 months ago.

The speed is a material fact and you can dispute the speed. Though you should be prepared to show that she was not going that fast. If you want to dispute the speed because it was written over on carbon and you can present the ticket to the judge and state that the ticket is not accurate, you have no idea what the officer is implying because it is scribbled or written over what was originally there.

I suggest however if your daughter does not have a traffic history she might consider pleading guilty with an explanation and that way the court can consider lowering the fine and possibly no points. But you certainly can argue that the ticket is written over another ticket and as a material fact the the speed should be clearly stated.

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