Morris County Speeding Lawyer providing Strong Advocacy for Drivers Charged with Speeding Violations
Almost everyone goes over the speed limit at some time. Not everyone is unfortunate enough to get a speeding ticket. Drivers who are charged with speeding may have defenses such as questioning the validity of the laser or radar gun. The way the police officer used the speed testing device can also be attacked. Some drivers have a justifiable reason for driving fast such as traffic conditions made it dangerous to go slow.
Helping New Jersey drivers contest speeding ticket and suspension violations
At Aiello, Harris, Marth, Tunnero & Schiffman, P.C., our Morris County criminal lawyers understand and use every defense that applies. What gives us an edge is that many of our lawyers are former prosecutors, so we know how prosecutors think and when they may have a weakness in their case. Our lawyers have obtained many acquittals and dismissals of speeding ticket and related charges. We can often negotiate a reduction in the speeding charge to help the accused save costs, insurance premiums, and possible license suspension.
What are the consequences for receiving a speeding ticket when your license is suspended?
Many drivers are tempted to drive even though their license is suspended because they need to get to work, buy groceries, worship, or for any number of other personal reasons.
If a driver is convicted of driving while his/her license is suspended, the driver faces a number of penalties, including:
- A three-year surcharge of $750
- A fine of $750 for a first offense
- A fine of $750 for a second offense, and a jail sentence of one to five days
- A fine of $1,000 and a jail sentence of 10 days for a third offense
- A jail sentence of $45 to 180 days if the driver injured someone in an accident
- A jail sentence of 10 to 90 days if the driver drove while intoxicated
- A jail sentence of 10 to 90 days if your license was suspended because of an insurance violation
Additional months will be added onto your license suspension if you were caught driving while your license was suspended.
If convicted of speeding, you will receive additional points depending on how fast you were going over the speed limit. Those points will be added to your driving record. For example, if your license was suspended because you had 12 points, and you drove fast enough to earn 4 points, you would then have 16 points. This means you will have to wait several additional years before you can legally drive again.
The New Jersey point schedule can be seen here: http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm
The same penalties and possible jail times apply if you drive while your license is revoked.
The mandatory probation sentence from DMV
Newly licensed New Jersey drivers have a two-year probationary period during which—if they are convicted of two or more moving violations, such as speeding convictions, that total four or more points—they will be required to take and pay for a Probationary Driver Program. The minimum number of points on any speeding violation is two, so every new driver with two speeding tickets needs to complete the course.
Challenging a suspended license with an attorney—what are the benefits?
There are ways to challenge a license suspension with the help of an experienced Morris County speeding ticket lawyer.
The lawyer can:
- Provide a defense against the charge that you were driving while your license was suspended. The most common defense is that the prosecution has not met its burden of showing that proper notices were sent to your last known address advising you that your license was suspended.
- Provide a defense against any companion charges, such as a speeding ticket or a DWI. Dismissing the companion charge means you won’t have additional points, additional fines, and possible jail time because of those offenses.
- Contest the underlying suspension as being invalid. For example, we may be able to argue that points should have been taken off of your DMV record because you drove safely for a year or because you completed a driver improvement program.
An experienced lawyer can often negotiate with the prosecution to argue that your license should not be suspended for of any of the above reasons – so that you don’t have to face a hearing before a judge.
Make an appointment with a Morris County speeding ticket lawyer today
At Aiello, Harris, Marth, Tunnero & Schiffman, P.C., our lawyers use every defense strategy possible to help our clients defeat a traffic ticket. Our Morris speeding ticket attorneys aren’t afraid to cross-examine the police. We hold the prosecution to its tough burden of proving its case beyond a reasonable doubt. For help now, please call us at (908) 561-5577 or complete our contact form to discuss your case with a respected trial attorney.