Question:

Summons to appear in court?

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I live in NJ, I was driving down the I-78 and got pulled over for failure to keep right. If i just pay it i get 2 points, obviously I don't want the points so I called up and said i wanted to plead not guilty and the lady told me that they had to subpoena the officer who gave me the ticket. From what my friends told me they said that alls i had to do was go in, tell the prosecutor and he would decide from there, do i actually have to talk to the officer? anyone know the process?

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  1. Anytime that you fight a ticket all parties involved in how the ticket was incurred, whether it be a speeding ticket or a ticket from a accident, are supoenaed or placed on notice of the court date. All parties have a right to defend the citation, whether it be a defense for or against you. The officer has a duty to appear and present his side as to why he cited you and you have the right to defend. Be advised that many times the officer is unavailable to appear and in instances where the officer fails to show the ticket is dismissed. Keep in mind when it comes to tickets related to insurance claims if the ticket is dismissed for the officer not appearing it does not hold the same value as being found not guilty of the violation. You will not have speak directly to the officer or other witnesses, you only have to answer to the judge.


  2. I'm in NJ as well and have been in many of these traffic courts throughout the state. Go in to court and speak with the prosecutor when he/she calls your name. Almost everytime they just tell you i'll drop the 2 points and you pay the fine. I can almost guarantee they will offer you this deal. You might have to pay a slightly larger fine but no points. Be polite and courteous.

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