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Violation of Probationary License in New Jersey

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  • 06-17-2012, 06:59 PM
    wysoy
    Violation of Probationary License in New Jersey
    My question involves criminal law for the state of: NJ

    Hi.
    I just got a ticket with mandatory court appearance.

    The offense states: Probationary - Hours of Operation

    Statute No. 39:3-13.8C


    Do I need to get a lawyer?
    What if I plead not guilty?

    Would this stay on my record? (I am over 18)

    Please help!!
  • 06-18-2012, 08:07 AM
    PTPD22
    Re: Violation of Probationary License in New Jersey
    Quote:

    Quoting wysoy
    View Post
    The offense states: Probationary - Hours of Operation

    Statute No. 39:3-13.8C

    Ok. So, from what I can find with a quick google search, the penalty for this offense is a $100 fine. It doesn't look like it even carries any points.

    Quote:

    Quoting wysoy
    View Post
    Do I need to get a lawyer?

    In my opinion, no.

    Quote:

    Quoting wysoy
    View Post
    What if I plead not guilty?

    And your defense would be what, exactly? Do you have a probationary license? Were you driving between 11:00pm and 5:00 am? Did your driving fall under any of the specifically outlined exemptions to the hours of operation requirement? If the answers are yes, yes, and no, then I see no defense.

    Quote:

    Quoting wysoy
    View Post
    Would this stay on my record? (I am over 18)

    Define "record." This charge will not result in a criminal arrest or conviction record. However, you will have a traffic violation record. Most people (employers, insurance people, etc.) will only be able to get a driving history going a few years back (don't know the specifics for your state but it is usually 3-5 years) and some states purge driving history records after a certain time (again, don't know about your state).
  • 06-18-2012, 10:12 PM
    wysoy
    Re: Violation of Probationary License in New Jersey
    Quote:

    Quoting PTPD22
    View Post
    Ok. So, from what I can find with a quick google search, the penalty for this offense is a $100 fine. It doesn't look like it even carries any points.



    In my opinion, no.



    And your defense would be what, exactly? Do you have a probationary license? Were you driving between 11:00pm and 5:00 am? Did your driving fall under any of the specifically outlined exemptions to the hours of operation requirement? If the answers are yes, yes, and no, then I see no defense.



    Define "record." This charge will not result in a criminal arrest or conviction record. However, you will have a traffic violation record. Most people (employers, insurance people, etc.) will only be able to get a driving history going a few years back (don't know the specifics for your state but it is usually 3-5 years) and some states purge driving history records after a certain time (again, don't know about your state).




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