Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2008
    Posts
    10

    Default Introducing a Previous Case to Support My Case

    My question involves traffic court in the State of: New Jersey.

    I received a speeding ticket in NJ for allegedly driving 52 in a school zone (25mph) and the circumstances are very similar to the ones in State of NJ v. John P. Green.

    In this case the defendant was clocked at 51mph but prosecution never proved that the area was actually a school zone (defined as during recess when children are visible or during arrival/dismissal) so the defendant won the case on appeal.

    In my situation the time of the summons was 3:45 and dismissal was 3:00 so it wasn't a school zone. The speed limit at other times on that road is 35mph

    My first question is: Where (and how) during the trial can I make reference to this previous case to show that my summons should be dismissed for the same reasons?

    My second question is: Could the prosecution then try to say that I should still be found guilty of exceeding the speed limit of 35mph even though the summons specifically says 52 in a 25mph zone? Can they do this or do they have to stick with what the summons specifically says?

    Thanks for any help you could provide.

  2. #2

    Default Re: Introducing a Previous Case to Support My Case

    Assuming that you go to trial, you would wait until after the prosecution rests. In some cases you need to ask. Then, if they have not proved their case, you make a motion for dismissal and cite the case handing the judge a copy. I strongly recommend that you sit in on some prior trials so you know how to properly address the court and do your cross.

  3. #3
    Join Date
    Jun 2008
    Posts
    10

    Default Re: Introducing a Previous Case to Support My Case

    Thank you for that advice on my first question.

    If the judge agrees that my case is similar to State of NJ v. John P. Green (and so there is no school zone), can the prosecution still contend that I was speeding for the following reasons:

    - The summons indicates a speed of 52mph.
    - The speed on that road is 35mph when school is NOT in session.
    - Therefore a speed law was still broken

    Just wondering.

  4. #4

    Default Re: Introducing a Previous Case to Support My Case

    A traffic court judge can pretty much do whatever he wants, especially in NJ. That is why I suggested sitting in on some trials so you know what to expect.

    1. Sponsored Links
       

Similar Threads

  1. Drunk and Impaired Driving: If I Fail to Appear for a DUI Case in Ohio Will the Case Eventually Be Dismissed
    By DUI1969 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 03-08-2011, 12:33 PM
  2. Replies: 1
    Last Post: 02-05-2010, 08:05 AM
  3. Failure to Yield: Failure to Yield; California - Case Status: Case Closed
    By WillC310 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 11-12-2009, 05:31 PM
  4. Completing The Case In Chief During The Defense Case
    By jocko in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 01-05-2008, 10:24 AM
  5. Will Court Case From A Different County Hold Up In My Case?
    By paulag in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 08-29-2007, 12:24 PM
 
 
Sponsored Links

Legal Help, Information and Resources