Traffic Results 2011
2011: Motor Vehicle Commission – DMV scheduled a 180 day suspension for operating a vehicle during a period of time when client’s license was suspended. Attorney requested a hearing on the grounds that client was never properly notified of the suspension and provided hardship documentation in that client needed his license for work and to take care of his family, including his mother-in-law with progressive MS (Multiple Sclerosis).
Result: Attorney, citing hardship for the client as the provider for his family and a job that was based heavily on travel, got the Commission to lower the suspension from 180 days to 10 days.
2011: Municipal Court – Client was pulled over for an expired inspection sticker while driving his fiancée’s car. His driver’s license came back as suspended due to expired insurance and registration on a vehicle that was repossessed and no longer owned by client. Client was given a ticket for 39:3-40 Driving while Suspended.
Result: Attorney successfully argued that the suspension was due to an administrative error and the charge of 39:3-40 was completely dismissed by the court.
2011: Municipal Court – Client was charged with a violation of 39:4-85 Improper Passing, a 4 point ticket.
Result: Attorney negotiated an amendment to 39:4-97.2 Driving in an Unsafe Manner, a no point ticket, with $406 in fines plus court fees.
2011: Superior Court – Client while represented by other counsel pled guilty in Municipal Court to Driving while Suspended (39:3-40) as a second offense while being suspended for a DWI. Municipal Court Judge sentenced him to 45 days in the County Jail.
Result: Attorney was hired to file an appeal of the sentence to the Superior Court, Law Division. Attorney filed a Motion for Stay of Sentence and client was released from jail after serving 10 days. Attorney then prepared a Brief and successfully argued that client had taken over driving from his wife who became ill and that additional jail would result in the loss of his job and ability to support his family. The Court reduced the jail sentence to time served and the client did not have to do the other 35 days in jail. Click here to read the Brief.
2011: Municipal Court – Client was a New York resident charged with No Insurance under 39:6B-2 and No Registration under 39:3-4 and was facing a fine of up to $1,000.00, a 1 year mandatory suspension of license, and community service. Client was unable to appear in New Jersey for Court.
Result: Attorney successfully argued that the car was neither registered or principally garaged in the State of New Jersey and in fact had insurance before it was stolen and then recovered in Maryland. The client pled guilty to 39:3-4 and was fined $38. The charge of 39:6B-2 No Insurance was amended to 39:3-129 Failure to Produce an Insurance Card with a fine of $158. No points. No license suspension.
2011: Municipal Court – Client received tickets in two different towns. In the first jurisdiction he was pulled over and charged with 39:6B-2 Uninsured Vehicle, 39:3-40 Driving while Suspended, and 39:3-66 Maintenance of Headlights. In the second town client was charged with 39:3-40 Driving while Suspended and 39:3-10a Unlicensed Driver. Client was facing up to a 2 year loss of license and jail on these charges.
Result: Attorney worked with the client to get his license restored with DMV prior to going to the courts. Attorney was then able to successfully argue that the suspensions were administrative in nature for failing to pay insurance surcharges and the problem had been remedied. In the first town the No Insurance and the Driving while Suspended were each amended to 39:3-29 Failure to Produce Documents and each was assessed $156 plus court fees. The charge of 39:3-66 was dismissed. In the second town the Unlicensed Driver was dismissed and the Driving While Revoked was amended to 39:3-29 Failure to Show License with a $156 fine plus court fees. No Jail. No License Suspension.
2011: Municipal Court – Client was pulled over and charged with 39:6B-2 No Insurance, 39:3-33 Fictitious Plates, and 39:8-1 Failure to Inspect. Client was facing a one year suspension of driver’s license and up to $1,000.00 in fines.
Result: Attorney obtained documentation that the client had attempted to obtain insurance prior to being pulled over and his credit card had been charged even though the insurance had not yet gone into effect at the time of the motor vehicle stop. The charge of 39:3-33 was dismissed and client pled guilty to 39:8-1 Failure to Inspect. The No Insurance charge of 39:6B-2 was amended to 39:3-29 Failure to Show Proof of Insurance and client was fined $250 plus court fees. No License Suspension.
2011: Municipal Court – Client was pulled over in two different towns. In the first he was involved in an accident and charged with 39:3-40 Driving while Suspended, his 3rd offense, and 39:4-97 Careless Driving (2 points). He was facing 10 Days in Jail, a 6 month suspension of license, and a $1000.00 fine. In the second town the client was charged with 39:8-1 No Inspection, 39:3-40 Driving while Suspended his 4th offense, and 39:3-10A Unlicensed Driver and again facing 10 Days in Jail, a 6 month suspension of license, and a $1000.00 fine
Result: Attorney negotiated a plea in the first town where Client pled guilty to Driving While Suspended and received 10 days of SLAP (Sherriff’s Labor Assistance Program) instead of a jail and only a 14 day suspension of driving privileges with a dismissal of the Careless Driving 39:4-97. In the second town client pled guilty to 39:3-10a Unlicensed Driver with a $206 fine and the No Inspection and the Driving While Suspended 39:3-40 were both dismissed.
2011 : Municipal Court – Client came to Attorney fully expecting to go to jail for what would have been a 3rd offense Driving While Suspended under 39:3-40 Driving while Suspended along with a 39:4-97.3 Use of Non-Hands free Telephone.
Result: The Attorney negotiated a plea to reduce the charge of Driving While Suspended under 39:3-40 to 39:3-10A Unlicensed Driver. The Judge then rejected the plea because the client was still not restored. Attorney then re-opened an old case in which Client had failed to appear in another Court, had the suspension from that Court lifted, and the Client’s license restored. The Judge then accepted the plea and imposed a fine of $300. No License Suspension. No Jail. Client also pled guilty to the cell phone and was fined $100.
2011: Municipal Court – Client’s car was involved in an accident where it struck another vehicle and fled the scene. A witness wrote down the license plate number and Client was charged with 39:4-129 Leaving the Scene of an Accident and 39:4-130 Failure to Report an Accident and was facing a fine of $1,000.00 and a mandatory six months suspension of his driver’s license.
Result: The Attorney successfully argued that the witness reported that the driver of the car was a black female and the Client was male. The Court found the Client Not Guilty on all charges.
2011: Municipal Court – Client was charged with 39:3-40 Driving While Suspended with the Suspension being as a Result of Operating a Boat While Intoxicated.
Result: Attorney’s investigation revealed that the Client was improperly sentenced as a second offender to a 2 year suspension for the prior Boating DWI. He should only have been sentenced as a First Offender to a 6 month suspension because the DWI before that was for a car, not a boat. As a result his suspension should have been up. The Driving While Suspended was therefore reduced to Unlicensed Driver under to 39:3-10a with a $156 fine. No License Suspension. No Jail.
2011: Municipal Court – Client was a New York driver charged with doing 104 in a 65mph zone. Client was charged with 39:4-98 Speeding (5 points), 39:4-88b Failure to Maintain Lane (2 points), 39:4-97 Careless Driving (2 points), and 39:4-85 Improper Passing (2 points).
Result: Attorney obtained dismissal of the 39:4-88B, 39:4-97, and 39:4-85. The charge of 39:4-98 Speeding was amended to 39:4-97 Careless Driving, 2 points, and the client was fined $206 plus court fees. No License Suspension.
2011: Motor Vehicle Commission – Client received proposed 60 Day Suspension as a Persistent Violator for too many points.
Result: The attorney requested a hearing and was able to get the suspension reduced to 20 days to be served when the client (who needed her license to drive to school) was on winter break.
2011: Municipal Court – Client was backing up from a parking spot and claims that she did not see the pedestrian that was walking behind her, because of this she struck the pedestrian with her vehicle. She was driving on a suspended license. She was charged with 39:3-40 Driving while Suspended and 39:4-129 Leaving the Scene of an Accident. Because someone was injured she was facing 45 days in Jail on the Driving While Suspended.
Result: Client pled guilty to 39:4-129 Leaving the Scene and had to pay $3,000 in fines plus court fees as well as a one year license suspension. 39:3-40 was amended to 39:3-40(i) Administrative Suspension with a No Suspension. No Jail.
2011: Municipal Court – Client was charged with two counts of 39:6B-2 Uninsured Motorist, and two counts of 39:3-4 Unregistered Motor Vehicle when he was involved in a minor accident in a pickup truck he had purchased out of state and towing a trailer purchased in another state. Client was facing a one year suspension on each No Insurance charge.
Result: Attorney filed a brief and successfully argued that (1) the trailer was not a motor vehicle that was required to have insurance, and (2) the pickup was not registered or principally garaged in the State of New Jersey and was not covered under the statute or was covered as a newly purchased vehicle under the client’s existing policy. Both counts of No Insurance were dismissed and client pled guilty to the unregistered vehicle and paid $160 in court fees and fines. Click here to read the Brief.
2011: Municipal Court – College student charged with 39:4-98 Speeding (102mph in a 65mph zone) which would result in 5 points on the driver’s record and a likely suspension. She was also charged with 39:4-96 Reckless Driving, a 5 point ticket.
Result: The Reckless Driving 39:4-96 was dismissed and the Speeding 39:4-98 was amended to 80mph in a 65mph zone, a 4 point ticket. Client was assessed $333 in court fees and fines. No License Suspension.
2011: Municipal Court – Client was accused of side swiping another vehicle and fleeing the scene. He was charged with Leaving the Scene of an Accident, 39:4-129 which has a mandatory 6 month license suspension, Failure to Report an Accident 39:4-139, and Careless Driving 39:4-97 (2 points).
Result: Client pled guilty to Failure to Report an Accident and the Careless Driving was amended to a no point violation of Unsafe Operation. Client paid approximately $780 in fines and court fees. No License Suspension.
2011: Municipal Court – Client who resided in PA wanted to clear up old matters in New Jersey so he could get a PA license. He had 19 outstanding matters in one court. There were 4 counts of 39:3-40 Driving While Suspended, 3 counts of 39:3-66 Failure to Maintain Lamps, 1 count of 39-3-10 Failure to Produce Driver’s License, 2 counts of 39:3-4 Failure to Produce Registration, and 8 Borough Ordinances.
Result: Attorney had the warrants lifted and the cases scheduled for hearing. Client then pled guilty to two counts of 39:3-40 Driving While Suspended, one count of 39:3-66, one count of 39:3-10 Failure to Produce Driver’s License, and two Borough ordinances. All of the other 13 charges were dismissed. Client paid $1,600 in court fees and fines, received No Jail, and was shortly thereafter able to have his privileges to drive in the State of New Jersey restored and get a Driver’s License.
2011: Municipal Court – Client was charged with 11 points of tickets including 39:4-96 Reckless Driving (5 points), 39:4-88 Failure to Maintain Lane (2 points), 39:4-33 Unclear Plates and 2 counts of 39:4-144 Failure to Stop at a Stop Sign (4 points) after he blew two stop signs and drove off from the police during the aftermath of a major snow storm.
Result: Client pled guilty to both counts of 39:4-144, paying a total of $272 in court fees and fines. The other 7 points of tickets were dismissed.
2011: Motor Vehicle Commission – Client was a Customs and Border Protection agent who suffered epileptic seizures while stationed overseas. They had previously been under control for the past 25 years. Upon her return to the United States she received medical treatment and followed her doctor’s advice not to drive for 3 months. DMV then issued a proposed indefinite suspension of her license.
Result: Attorney filed an appeal of the proposed suspension and obtained medical documentation from client’s neurologist that she was fit to drive. After negotiations with the MVC Medical Fitness Review Unit, the proposed suspension was lifted and client was permitted to retain her license.
2011: Municipal Court – Client was pulled over for speeding 90mph in a 65mph zone and charged with 19:9-1.2 Speeding (4 points) and 39:4-96 Reckless Driving (5 point).
Result: Client pled guilty to an amended charge of Speeding 80mph in a 65mph zone (4 points) and the Reckless Driving 39:3-96 was dismissed. No License Suspension.
2011: Municipal Court – Client ran over a pedestrian causing serious injuries while the lady was crossing at a crosswalk. Client was charged with 39:4-36 Failure to Yield to a Pedestrian.
Result: Attorney negotiated a plea to a No Point violation of 39:4-67 Obstructing Passage of Vehicles with a $186 fine. A Civil Reservation was entered sealing the plea so it could not be used against the client in a civil lawsuit.
2011: Municipal Court – Client was charged with 39:3-36 Failure to change address, 39:4-215 Failure to Obey Traffic Controller, and 39:3-40 Driving while Suspended and was facing a 6 month suspension of license.
Result: The Failure to Change Address, 39:3-36 was dismissed. The Driving while Suspended was amended to 39:3-10(a) Unlicensed Driver. The client also pled guilty to the 39:4-215. Fines and court fees were $520. No License Suspension.
2011: Municipal Court – Client was a truck driver who failed to exit the Parkway and was driving his truck where it is prohibited north of exit 105. He was charged with 19:9-1.9(b) a two point violation.
Result: Client was a commercial driver who could not afford any points on his CDL. Attorney was able to have the charge reduced to an equipment violation 39:3-44, a no point ticket, with fines and court costs of $239.
2011: Municipal Court – Client was involved in accident and charged with 39:4-90 Failure to yield at an intersection (2 points) and 39:6B-2, Uninsured Motorist and was facing a one year license suspension.
Result: Attorney was able to have the Failure to Yield amended to 39:4-97.2 Unsafe Operation (No Points). Attorney argued that client did not know her insurance had been cancelled and the No Insurance charge was reduced to 39:3-29 Failure to Show an Insurance Card. No Points. No License Suspension.
2011: Municipal Court – Client was charged with 39:4-97 Careless Driving, a two point ticket and had used up his two Unsafe Operations so was not eligible for that no point ticket.
Result: Attorney negotiated a plea to an amended charge of 39:4-67 Obstructing the Passage of other Vehicles, a no point ticket with a $89 fine.
2011: Municipal Court – Client driving on a International Driver’s License and was charged with 39:3-10B Unlicensed Driver which carries with it a six month suspension of being able to obtain a license in New Jersey.
Result: Attorney was able to show that the client had in fact held a valid license in Mexico and the charge was reduced to 39:3-10A with a $508 fine so the client was able to immediately apply for a NJ license.
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2008 Traffic Results
2008: Municipal Court – Client charged with Driving While Suspended (39:3-40) because of a DWI Suspension faced a fine of $1,500.00, a 1 ½ year license suspension, and a mandatory 10 to 90 days in county jail.
Result: Attorney challenged the stop and the state’s proofs and was able to obtain an amendment to a violation of Unlicensed Driver (39:3-10a). Client was fined $500 with $30 costs and a 1 week delay in his license restoration.
2008: Municipal Court – Pennsylvania Client charged with Speeding (27mph over) (4 Point Ticket)
Result: Attorney negotiated the speed to 1 to 5 mph over which was a No Point Ticket in PA.
2008: Municipal Court – Client charged in two towns with Driving While Suspended (39:3-40) because of failure to pay insurance surcharges and failure to appear in court. Potential sentence was $500 fine and six month license suspension on first offense and $750 fine, six month suspension and 1 to 5 days in jail on second.
Result: Attorney had bench warrant lifted in first town and obtained license restoration. Both towns amended charges to Unlicenced Driver (39:3-10a) and fines and costs totaling $733.00 were imposed. No license suspension. No jail.
2008: Municipal Court – Client charged with Speeding (92mph in a 55 zone) (5 Points)
Result: Amendment to 39:4-97.2 Unsafe Operation with $439 fine and No Points.
2008: Municipal Court – Client charged with Passing a School Bus (39:4-128.1), a 5 point ticket, and Failure to Exhibit Registration and Insurance (39:3-29).
Result: The school bus ticket was amended to Careless Driving (39:4-97), a 2 point ticket with a $206 fine, the Failure to Exhibit the Registration was dismissed, and a guilty plea was entered to Failure to Exhibit a Driver’s License with a $156 fine.
2008: Municipal Court – Client charged with Driving While Suspended (39:3-40) because of dmv suspension for driving during suspension period.
Result: Attorney argued that client was not properly informed of suspension and had immediately gotten restored after she was pulled over. Charge was amended to Unlicensed Driver (39:3-10A) with $256 fine and no license suspension.
2008: Municipal Court – New York Driver charged with Failure to Keep Right (39:4-88b) (2 points) and an Unregistered Vehicle (39:3-4).
Result: Attorney prepared affidavit for client who did not have to appear in court in New Jersey. Attorney appeared in court and obtained an amendment of the moving violation to a charge of Obstruction of Traffic (39:4-67) (No Points) with a $106 fine and the Unregistered Vehicle was amended to a Failure to Produce a Registration with a $156 fine.
2008: Municipal Court – Client charged with Driving Without Insurance (39:6B-2) (fine of up to $1000, community service, and one year loss of drivers license) and Driving with a Suspended Registration ($500 fine and up to six months license suspension).
Result: Attorney demonstrated the DMV Notice of Suspension for failure to maintain liability insurance had not been received in the mail at the time of the ticket and the insurance cancellation was as a result of a billing issue and client had restored the insurance as soon as she became aware of the lapse. The No Insurance charge was amended to a Failure to Produce an Insurance Card (39:3-29) with a $156 fine and the Suspended Registration was amended to an Unlicensed Driver (39:3-10A) with a $156 fine.
2008: Municipal Court – Client charged with speeding (39:4-98) 48 mph in a 25 zone (4 points).
Result: Speeding amended to Unsafe Operation (39:4-97.2) No Points. $430.00 fine.
2008: DMV Hearing – Client had two moving violations while in a Probationary Period. DMV sent two notices of suspension (90 days plus 45 days) for a 135 day suspension.
Result: Attorney appeared with client at a Motor Vehicle Hearing and obtained a reduced suspension of 40 days combined on both and client was permitted to start serving the suspension several weeks later when he could take a vacation.
2008: Municipal Court – Client charged with Speeding (65 mph in a 35 zone) (5 Points).
Result: Amended to 44 in a 35 (2 points) with a $106 fine and no license suspension.
2008: Municipal Court – Client charged with Following Too Closely (Tailgating 39:4-89) (5 points).
Result: Amendment to 39:4-97.2 Unsafe Operation with a $439 fine and No Points.
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*While all of these results were actually obtained by Randolph H. Wolf in the Municipal Courts and Superior Courts of the State of New Jersey, the success in these cases does not guarantee a similar success in any future case. Clients names have been removed to protect their privacy. Due to the delay in posting these cases to this web site some cases may actually have taken place in the year before their posting date as it appears above.