Ticketed for Driving After Curfew, Not Having Red Stickers on My Provisional License

[James_Baxter]

My question involves a traffic ticket from the state of: New Jersey

I am only 17 and the other night I got two tickets: one for driving past curfew, and one for breaking Kayleigh's Law which states that I have to have red stickers on the top left corner of both license plates so people know I have my provisional license. I was wondering if there is anyway I could dispute these tickets. Here is the story of what happened...

I was going to my friends house and got lost, so I pulled into a park so I could call my friend and ask for directions. There were no signs that said the park closes after dark or anything. As we were pulling out a cop drive by and pulled us over. The reason he pulled us over was cause he thought we were smoking weed (we werent). I was obeying all other traffic laws. If I was over 18 we would've gotten away without a ticket. Since I wasn't breaking any laws and there was no way for the cop to know I was only 17 before he pulled us over, can I dispute the tickets? Isn't it like profiling or discrimination or something.

Also, does a cop have to obey all the traffic laws if his blue and red lights are off?

[adjusterjack]

The officer had good reason to pull you over because you were in the park where you shouldn't be (ignorance is no defense).

Once he pulled you over for examination the rest following from a legitimate stop.

The point is that you did drive after curfew and you didn't have your red tags. You aren't going to beat those tickets.

And whether or not the officer obeyed traffic laws has absolutely nothing to do with you violating them.

[James_Baxter]

The officer had good reason to pull you over because you were in the park where you shouldn't be (ignorance is no defense).

Once he pulled you over for examination the rest following from a legitimate stop.

The point is that you did drive after curfew and you didn't have your red tags. You aren't going to beat those tickets.

And whether or not the officer obeyed traffic laws has absolutely nothing to do with you violating them.

But it wasn't illegal for me to be in the park I wasn't doing anything wrong.

[flyingron]

All he needs is a articulable suspicion that illegal activity was occurring. Even if you were in the park legally, if he thought you were smoking weed, he's free to stop you to inquire. It would have to be more than just "I thought these kids were doing drugs" but not much more.

[adjusterjack]

But it wasn't illegal for me to be in the park I wasn't doing anything wrong.

All the officer needed was an "articulable and reasonable suspicion" that you were committing a violation (Delaware v Prouse - US Supreme Court).

You are welcome to challenge the tickets on the basis that the stop was illegal because the officer had no "articulable and reasonable suspicion" but I suspect that, once he gets on the stand, he'll have one and the judge is likely to believe him.

[James_Baxter]

All the officer needed was an "articulable and reasonable suspicion" that you were committing a violation (Delaware v Prouse - US Supreme Court).

You are welcome to challenge the tickets on the basis that the stop was illegal because the officer had no "articulable and reasonable suspicion" but I suspect that, once he gets on the stand, he'll have one and the judge is likely to believe him.

If i do try to challenge him and fail, could the price of the tickets be more than if I just pleaded guilty in the first place?

[adjusterjack]

If i do try to challenge him and fail, could the price of the tickets be more than if I just pleaded guilty in the first place?

Probably not.

I don't think the courts punish people with higher fines for trying to defend themselves.

However, if you do plead not guilty, there is a chance that you might get offered a plea bargain where maybe one is dismissed and you get to go to traffic school on the other. No guarantees, of course. But if you do decide to plead not guilty you better have a photo of your car showing that you did put the red tags on the license plate.

[Who'sThatGuy]

But it wasn't illegal for me to be in the park I wasn't doing anything wrong.

All county parks are off limits after dark. There are signs posted at every entrance to county parks stating this. If it was a city/municipal park, there would be signs posted with the municipal ordinance.

[Disagreeable]

Actually, you could likely have been charged with trespassing. As you were not up to no good, he refrained.