How to beat speeding ticket nj?

Question

Got a ticket avoiding an accident from an obvious drunk one. I know the courts wont care but how will I get out of this? I am still a provisional driver and can possibly lose my license. The cop who issued me the ticket claimed that he gave me 2 instead of 4 point ticket. Can he really do that? Court is in a few days, I have already pleaded not guilty hoping that he does not appear. I cant lose my license...Its BS...Please Help...Thanks

Answer 1

Swerving to avoid an accident is one thing, speeding to avoid a drunk is a new one on me. You had better hope he doesn't show up, because if he does, chances are your word will not prevail against his. Usually when someone's license is suspended, they are still allowed to drive to work.  

Answer 2

Oh good, a NJ question..

Answering yours, not in the same order.

Yes, he can reduce the violation.  Lets say you were doing 30 over, he can write you up at 20 over, which is a lower violation, or a different charge, with a lower penalty.  Judges generally will be ok with this.

Secondly, he does not have to appear at court himself that day, unless your case goes to a full trial, at which point court will be rescheduled for you so that the officer may attend.  He may be there, in smaller jurisdictions, but he doesn't have to, and here's why.

On your court date, you will meet with a prosecutor and police liason, who will have the report of your stop.  The prosecutor will probably offer you a plea to a lesser charge.  If you do not take that plea agreement, your case will be rescheduled to full trial.  If you do, you will go in front of the judge and plead guilty that day.

It's likely they will either offer you unsafe driving (high expense,  $250+ court costs, plus 3 years of surcharges, no points unless you have the same charge more than 3 times in 5 years, you will probably keep your license), or if you get really lucky, something like a cell phone violation, which is no points, and less expensive.

Unfortunately in NJ, avoiding an accident is not an affirmative defense unless the other driver was also ticketed.

If you wan't, email me the township of the ticket, and if I know the people there I can suggest who to talk to prior to the case...