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CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 27214
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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39:4-92.2, NJ, No, Is it an acceptable defense if the

Customer Question

JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: NJ
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Is it an acceptable defense if the traffic was 55 MPH and I could not get over
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.

Good afternoon. Can you describe the traffic conditions? Were you not able to reduce your speed at all? Did the vehicle have on their emergency lights? What time of the day/night was this at?

Customer: replied 1 year ago.
This was exactly midnight, Sunday, clear. Two lanes heard west, 55 MPH. two police cars and a passenger car were pulled over on the shoulder. I couldn't get into the left lane because of the speed other cars were at so i slowed down. I slowed down significantly.
Customer: replied 1 year ago.
Irony is I was designated driver and I was driving in a car with NY plates.
Expert:  CriminalDefense replied 1 year ago.

Thank you. If you certainly try and contest this. As a defense, you could argue and testify to the traffic conditions and that they prevented you from getting over and outside of the lane you were in. Seeing how it was at midnight, it could be hard to convince the Judge that there was so much traffic that you can not get over after reducing your speed but you could always rebut this and claim that if you slowed down enough, it would and could have created a hazard and a danger in the lane you were in. If you were the DD, you could also have anyone else in the car testify on your behalf, as to the traffic conditions and why you were not able to get over once you saw the flashing lights.

Customer: replied 1 year ago.
The cop said he had a camera. Shouldn't that been able to support the claim of slowing down?
This is a beach town... tons of traffic
Expert:  CriminalDefense replied 1 year ago.

If there was a camera recording, you could demand that the video be turned over so it could be used, in your defense, of the actions you took when reducing the speed and the traffic

Customer: replied 1 year ago.
Will prosecutors allow you to plead down points? The ticket is 2 points in NJ
Customer: replied 1 year ago.
I just feel like they pulled me over because I had NY plates.
Expert:  CriminalDefense replied 1 year ago.

Sorry for the delay. You can see if you take a plea deal if they would reduce the points but it is at their discretion. You can appear and ask for a plea and see how they respond and decide if you want to accept it at that time

Expert:  CriminalDefense replied 1 year ago.

Hi, is there anything else I can answer or clarify for you?