Last saturday, post 9:30 PM, my wife and I were driving back from a movie- and I was doing 47 in a 25 speed limit zone. A cop pulled me over, and said I was doing 47 in a 25 speed limit. I said I was sorry- he asked for my license/insurance, and said he`d check my paperwork. He handed me a ticket for "careless driving" instead of a speeding violation, and in the "other traffic/parking offense" column, noted down "excessive speed". However, he has not checked any of the speeding limits on the ticket(ie 1-9, 10-14, or other).
Though a court appearance is not required, he suggests I appear in court so that I get minimum points (I believe from google research that its 2 points for careless driving and there will be some insurance surcharge).
Note that this is in NJ where careless driving is different from (and less severe than) reckless driving.
Question : How best can I plea bargain and get away only with a fine in NJ? I don`t mind the $78 fine, but want to avoid any points on my license as I`m already paying a hefty ransom as insurance-$950 every six months inspite of having a safe driving record with no points for the last 2 years. (Insurance is sickeningly high in NJ, and the highest in Bergen county where I live)
Can I say that I may have been 2-4 miles over the speed limit, but was not driving carelessly? Will I stand a chance of getting by without any points/insurance surcharge increases?
Any idea how much insurance surcharge would it typically be, considering I drive a Toy. Corolla 2001 for the past two years?
Any other caveats I should be aware of? I don`t want to go the "plead not guilty" route and end up being slapped with a more severe speeding violation, and subsequently more points...(as "anything you say would be used against you", as per the nation`s law!)
to do that is plead not guilty.
Note that you can plead not guilty just to get a trial, and then plead guilty to the judge. That will be the exact same as if you had mailed in a guilty plea. willing to change the ticket to an equipment violation or other non-moving violation, *in exchange for paying a higher fine*. The prosecutor is there to make money for his city, and if you tell him you will pay a higher fine, he may work out a deal to change the ticket to a parking ticket, or a seatbelt ticket, or something along those lines. or decrease points. No decent judge will penalize a motorist for exercising his right to a trial.
Here`s a good site from Canada on this type of thing: http://www.magma.ca/~fyst/
my needs, iirc. Then again, it is certainly not worse suited to Canajun needs than the plethora of U.S. sources!
amount of points on your credit, usually six, your insurance company can raise your rates to a different tier or drop your coverage. It depends on the insurance company.
I live in NJ. A few years ago, I got a ticket for improper passing when I was involved in an accident. The accident was entirely my fault. No injuries and damage almost completely to my own car and not other people`s property, except for a minor ding on the truck I was avoiding. I argued the ticket by snail mail and the entire ticket, both fines and points, was dismissed.
NJ`s DMV has an annual excess points surcharge, but not an insurance surcharge. This info is in the NJ driver`s manual.
In your situation, I have no idea how you would argue your ticket, but based on my expererience, its worth fighting because the insurance companies can ream you if you have other points on your record or you earn points on a future violation within five years. You can find a lot of information on NJ driving policy on NJ`s web site at http://www.state.nj.us and your insurance provider might also have a web site where its policies for rate increases are spelled out. The NJ web site also includes a complete copy of the NJ driver`s manual.