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  1. #1
    Join Date
    Dec 2010

    Default New Jersey Resident Resident, Out of State Speeding Ticket

    My question involves a speeding ticket from the State of: Maryland.

    Hi everyone.

    I've got a few questions about a recent speeding ticket I received.

    I'm an NJ resident, currently attending school in Maryland. On my way home from school (in Baltimore), I was pulled over in Cecil county on I-95. State trooper said I was doing 84 in a 65, and explained this would be a 2 point ticket.

    I'm well aware that defensive driving course only removes the points from your license, but not from insurance. Does anyone know if the insurance company will automatically receive this information from the DMV?

    I'm 22 but live with my parents and am on their insurance. The insurance company told me that if the points stick, our insurance will go up $600-800 every 6 months for the next 3 years! Anyone have any experience with this? They also said my parents' insurance will go up as well.

    I will most definitely be going to court in an attempt to plea this down to zero points. I have a clean driving record as of now. I received a speed camera ticket in the mail from Baltimore roughly a week before this, but with no points attached. Before all of this, I hadn't had a ticket in 5 years. And that speeding ticket was plead down to unsafe operations with 0 points and an increased fine.

    I wouldn't object to an increased fine to reduce the amount of points. If I cannot get the points removed, I will be returning with a lawyer recommended to me. Being a college student, I don't have much money. In fact, my parents pay my insurance for me as is because of that. If I get the points, the only people really being affected by it is my parents - which seems unfair.

    Any advice or words of encouragement (or discouragement) would be greatly appreciated.


  2. #2
    Join Date
    Sep 2010

    Default Re: New Jersey Resident, Out of State Ticket (Maryland)

    I believe NJ gives you 2 points for this sort of out of state ticket. What the state of Maryland assesses is immaterial, if it's a moving violation, you'll get points on your NJ license. You're going to have to get it dismissed or changed into some sort of non-moving violation if you want it to not be charged as 2 points on your NJ license.

    Taking an approved class will wipe out two points. You need to contact your insurance representative to find out whether you get any credit for the course and what notification they need.
    I believe that it is correct that your insurance will go up something like 40% for three years. It's all one policy but it's not proper to say the parents share will go up, but the way things are priced is a bit convoluted. Generally youthful drivers are assessed the highest risk on the policy, so if your father is driving a Ferrari, even if you're not allowed to drive it, your lousy record will increase the premiums on that.

    Another issue, is that as a youthful driver you're probably on a hair trigger to be cancelled and sent off to the JUA anyhow. NJ has one of the most corrupt and busted auto insurance and liability systems in the country. This is what happens when you have a legislature comprised mostly of personal injury lawyers.

    If you want to be FAIR to your parents, get your own insurance policy. Then your record (past or future) will not have any effect on them. Of course, no company will likely write you a policy and you'll end up in the JUA anyhow. Frankly, if I were you, I'd change my residence to Maryland. I guarantee you that both your and your parent's insurance will go down. My premiums dropped by 80% when I moved out of NJ.

  3. #3
    Join Date
    Feb 2010
    CT & IL

    Default Re: New Jersey Resident, Out of State Ticket (Maryland)

    Quote Quoting flyingron
    View Post
    This is what happens when you have a legislature comprised mostly of personal injury lawyers.
    I think you has a misprint .. should be personal pejury lawyers .. lol .... I would fight this MD camera ticket ... it is run by a private company, correct?

    Is this MD law on this subject?

    (6) (i) A work zone speed control system shall undergo an annual calibration check performed by an independent calibration laboratory.

    (ii) The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:

    1. Shall be kept on file; and
    2. Shall be admitted as evidence in any court proceeding for a violation of this section.

    (4) (i) A work zone speed control system operator shall complete training by the manufacturer of the work zone speed control system in the procedures for setting up, testing, and operating the work zone speed control system.

    (ii) On completion of the training, the manufacturer shall issue a signed certificate to the work zone speed control system operator.

    (iii) The certificate of training shall be admitted as evidence in any court proceeding for a violation of this section.

    But the Melendez-Diaz case I think will win and here is why: the law requires the system to be calibrated (to support convictions on speeding --- find a law noting this and you'll win easily); so the operator will be testifying that these are the calibration certificates of the system (certified by the company? - I see your point & that would be a 3rd objection as you noted). So the "operator" will testify to the accuracy of the certificate of calibration not knowing the qualifications of the person how signed the certificate, not being an expert in the system (does he have a BS degree?, written papers on the system?, etc. in discovery, ask for an expert witness list & any supporting documentation as to their expertise), not knowing how the system is calibrated, not knowing the requirements and actual test methods of testing, not knowing the actual results of the testing. Melendez actually places the burden of certificates back onto the state (before it was on the defendant to get the person who signed them into court).

    And the certificate of training for the operator? You are just mandated to accept this into evidence under the law??

    Lets face it, you are not going to get an expert witness to testify. And if you want to show the system does not work, that is what the judge would require. So, you win your case during the state's presentation of the case.

    When the certificates are attempted to be entered into evidence, that is when you object (not during your presentation of the case, its too late then). If the judge says you can argue against the documents during your case presentation, press him that you don't believe that the documents can be introduced into evidence at all. When I was at my trial the judge tried to railroad me (not really but he was being tough) but I stuck to my guns.

    I have my transcript of my speeding trial; it will show when to object. It would want it PM me & I'll shoot you an email.

    And if this is a civil case, do you have all options of discovery available? A sneaky thing (legal but sneaky) to do would be to send them a request to admit (files w/DA & copying the court with the request & cert. of service) that you were going 55 MPH. If they dont answer in 30 days then its deemed admitted & you have another avenue before trial: motion to dismiss on the grounds that they admitted you were doing 55 MPH & that is not speeding.

    Request for documents is in order asking for witness list, anything else you wish.

    You may wish to do a FOIA request about the contracts involved with the state/ACS/manufacturer too ...

    I have alot of information suggesting that LIDAR equipment can give bogus results but that is not how I attack the technology in court -- I attack the documentation that supports the equipment. I am not an "expert" although I fully understand the devices, read the patents, and can highlight errors of math & operation; but the court does not care unless you are an expert. And really, I guess thats the right way for the court to view information.

    In reality, you must win this case during the state's turn at trial through objections & cross examination of witnesses (or before the trial begins). You should motion for a summary judgment (I did this in my case) after the state rests & before you say anything related to you defense... its a simple oral argument. If you lose a motion for summary judgment that means that the judge believes that the state has proven their case .. that would be bad news but at least you would know at that point what you are up against when you have to present your case. Your case would be: I was not speeding, the system does not work because of X,Y,Z although I am not an expert... Judge will come back & say "guilty".

    Now if you have documents or other stuff you want to be accepted by the judge then the motion to admit is you only avenue (other than discovery & FOIA documents obtained) to get these into evidence. You can attach documents to the motion & ask them to admit stuff relating to them.

    PM me & I can send you some documents to look at (transcript, court opinions).

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