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Appealing a Speeding Ticket in New Jersey

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  • 10-08-2007, 01:25 PM
    frolet
    Appealing a Speeding Ticket in New Jersey
    OK. So I live in PA, got a ticket in NJ, cop wrote in 9 miles over speed limit. Ticket is 85 bucks and 2 pts. Cop tells me that the points will carry over to PA, But if I plead NOT GUILTY, they will drop them. Since I didn't want to waste a vacation day at court, I submitted an affadavit for Trial by Declaration. Kept my case brief - pleaded not guilty, said I was not speeding, and travelling at a safe speed for the conditions. I requested that the judge drop the points, if he did in fact rule against me. Got back the verdict, and he dropped the points, and dropped the charge down to Unsafe Driving.... problem is, Unsafe driving is $153, PLUS $250 Surcharge, plus 33 bucks for court costs. Apparently NJ added this 250 to recoup some budget $, cause they know drivers don't want the points and Unsafe driving is what they will bargain down to. After a bit of research, my understanding is that while the pts are reported to the PA DMV, the PA DMV doesn't count minor violations against your record, and even if they did I have a clean driving record so I don't think my insurance will be greatly affected.

    So now I'm wishing I just paid the 85 and pleaded guilty... my question is this:

    I can appeal, which I think will cost 75 bucks plus transcript fees...if I do so can I then plead guilty and just pay the 85 dollar fine w/pts? Or is there a way I can take the "harsher" charge of speeding instead of the judge's verdict of "Unsafe Driving" without appealing? If you are found guilty of a lesser charge, can you request the harsher one?

    THANKS!
  • 10-09-2007, 09:30 AM
    Mr. Knowitall
    Re: Appealing a Speeding Ticket in New Jersey
    I don't see that you have any legal basis to appeal. Try contacting the prosecutor's office, explaining your circumstance, and see if they'll cooperate in the withdrawal of your plea and the substitution a guilty plea to the original charge.
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