Safe Surrender Program Wraps up in Newark

Over 4000 fugitives turned themselves in over the course of a four day safe surrender program in Newark NJ. Safe Surrender is a nation wide program which provide an opportunity for those with outstanding warrants to turn themselves in without the usual penalties.

Typically speaking, those with arrest warrants can face fines, jail, contempt charges, license suspensions, etc. Over the course of the four day period, lines formed outside the designated locations. In many cases the warrants were dismissed. The majority of the warrants were for traffic offenses and disorderly person charges that were never properly addressed.

The Essex County Prosecutor’s Office participated and applauded those who took this opportunity to make good. In consideration of the warrant surrender, many will receive favorable consideration during court proceedings.

The program lasted only four days, but it will be offered again in the future. Newark has offered safe surrender opportunity on several occasions.

In my opinion,  this is a fantastic program. It saves the county millions. The individuals who participated no longer have to look over their shoulder after, in some cases, years of doing so. I always feel that most people want to face up to their obligations, but sometimes life circumstance prevents them from doing so. Many people I defend have been plagued by warrants for years and it has kept them from living their lives to the fullest. It is rare that the state implements a program that actually works. Just goes to show that a little common sense goes a long way.

REMEMBER, the program has ended for the time being. So, if  this story has encouraged you to take care of your outstanding arrest warrant, I can help. It may not be free, but I can assure you that this attorney will find the cheapest possible way for you to take care of your business, and provide you with top notch representation at the same time.

I Have a Warrant for Old Traffic Tickets. How do I Fix it?

First, if you are reading this article, you have already made some effort to fix it and are experiencing some aggravation. The good news is you have landed in the right place. I am New Jersey traffic defense and criminal attorney who can help you resolve the situation. The bad news is there may be a warrant out for your arrest in one or more municipalities or counties.In addition, if your license is suspended as a result of unpaid motor vehicle violations or parking tickets, your restoration can not take place until after the warrants are lifted and your case is listed on the court calender for a hearing date. All of these procedures take time, but I have streamlined the process to get results as quickly as possible. Moreover, I routinely obtain great results for my clients on the underlying offense. Some of the more common charges are speeding, careless driving, driving while suspended, no insurance, reckless driving, leaving the scene of an accident, failure to stop or yield, etc.

Typically speaking, the first step in matters that involve aged unpaid traffic or parking tickets is to determine if there are arrest warrants. This can be difficult to establish if the defendant can not recall where or when he/she received the tickets. Frequently, I will submit an expedited request for a NJ driver abstract, which will tell me exactly what courts I should be calling. If you don’t know how to read an abstract, it will look like a foreign language, but an experienced traffic defense lawyers will be able to interpret the codes. Once I determine the who, what, where, and why, I can begin the process of lifting warrants and reopening cases that are in closeout status.

Once dates are provided, we begin the process of appearing in each municipal court, assuming there is more than one, and resolving the tickets by way of trial or plea bargain. Frequently, the order the cases are resolved is very important, especially if the defendant is subject to enhanced penalties for certain offenses, such as driving on the revoked list or DWI. The familiarity that I have with the numerous New Jersey municipal courts will give me a better idea of how to structure the case.

Sometimes my clients are out of state residents who formally resided in New Jersey. In most cases I can convince the court to allow me to resolve the case in my client’s absence. This is typically accomplished via affidavit.

What ever the case may be, one thing is for certain. Legally, these cases are like ticking time bombs that, if not handled correctly, could lead to lengthy license suspensions, high fines, and possible jail. You should speak with counsel prior to making any decisions. A free consultation is always available.

Snow and Ice traffic offense

Get ready for winter and make sure your ice scrapers are ready. The governor of New Jersey recently signed into law yet another new traffic offense. N.J.S.A. 39-77.1 was amended to include a series of new provisions, including making it a motor vehicle offense to operate a car with accumulates ice on the the vehicle. This includes the entire vehicle, trunk, windshield, hood, etc.

The police are authorized to stop motor vehicles that they feel are posing a threat to person or property as a result of the accumulated snow and ice. The new offense is a non-point violation and and for a first offense a fine of up to $75. But take a look at the statute that follows, the penalties could be much more severe in some circumstances.

C.39:4-77.1) is amended to

read as follows:

1. a. (1) Each driver of a motor vehicle operated on a street or

highway in this State shall have an affirmative duty to make all

reasonable efforts to remove accumulated ice or snow from

exposed surfaces of3 the motor vehicle prior to operation [; this] ,

which surfaces3 shall include, but not be limited to,the hood,

trunk, windshield, windows, and roof of the motor vehicle, the

cab of a truck, the top of a trailer or semitrailer being drawn by a

motor vehicle, and the top of an intermodal freight container being

carried by an intermodal chassis . A person who violates the

provisions of this subsection may be stopped on a street or highway

by a law enforcement officer who believes the accumulated ice or

snow may pose a threat to persons or property and shall be subject

to a fine of not less than $25 or more than $75 for each offense

regardless of whether any snow or ice is dislodged from the motor

vehicle. No motor vehicle points or automobile insurance

eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-

14) shall be assessed for[this offense] a violation of this

paragraph. Every day upon which a violation occurs shall be

considered a separate violation, but no person shall be subject to

more than one fine for a violation of this paragraph in a period of 24

consecutive hours .

(2) This subsection shall not apply to any driver of a motor

vehicle operated during a snow or ice storm that began and

continued for the duration of the motor vehicle’s operation or to any

operator of a motor vehicle while it is parked.

(3) No fine shall be imposed pursuant to paragraph (1) of this

subsection on the driver of a commercial motor vehicle, as the term

is defined in R.S.39:1-1, that is traveling to a location where

equipment or technology that is used to remove snow and ice from

commercial motor vehicles is available, provided that the driver has

not already passed a location with snow and ice removal equipment

 

or technology after snow or ice shall 1 have accumulated on the

exposed surfaces of the commercial motor vehicle. In determining

whether the vehicle has already passed a location with equipment or

technology that is used to remove snow and ice from commercial

motor vehicles, a law enforcement officer shall have the authority

to inspect any documentation relating to the route traveled by the

driver of the commercial motor vehicle prior to being stopped,

including, but not limited to, a log book or map depicting the route

traveled by the vehicle.

(4) Notwithstanding the provisions of paragraph (1) of this

subsection:

(a) the person who is in physical possession of a motor vehicle

at the time snow or ice accumulates on the exposed surfaces of the

motor vehicle shall be responsible for removing the accumulated

snow or ice from the exposed surfaces of the motor vehicle and

shall be liable for a violation of the duty to remove accumulated

snow or ice prior to operation of the motor vehicle pursuant to

paragraph (1) of this subsection. If the driver of the motor vehicle

was not in physical possession of the motor vehicle at the time the

snow or ice accumulated, then such driver shall not be liable for a

violation of paragraph (1) of this subsection.

(b) in the case of any trailer or semitrailer being drawn by a

motor vehicle or of any vehicle or combination of vehicles carrying

an intermodal freight container, the person, including, but not

limited to a shipper or consignee, who is in physical possession of

the trailer, semitrailer, or container at the time snow or ice

accumulates on such trailer, semitrailer, or container shall be

responsible for removing the accumulated snow or ice from the

trailer, semitrailer, or container and shall be liable for a violation of

the duty to remove accumulated snow or ice prior to operation of a

motor vehicle pursuant to paragraph (1) of this subsection. If the

driver of the motor vehicle was not in physical possession of the

trailer, semitrailer, or container at the time the snow or ice

accumulated, then such driver shall not be liable for a violation of

paragraph (1) of this subsection.4 35

b. When snow or ice is dislodged from a moving vehicle and

strikes another vehicle or pedestrian causing injury or property

damage, the following penalties shall apply:

The operator of a non-commercial motor vehicle shall be subject

to a fine of not less than $200 or more than $1,000 for each offense.

The operator, owner, lessee, bailee or any one of the aforesaid of

a commercial motor vehicle shall be subject to a fine of not less

than $500 or more than $1,500 for each offense.

No motor vehicle points or automobile insurance eligibility

points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall

be assessed for[this offense] a violation of this subsection446 .

Leaving the Scene of an Accident Attorney

Leaving the Scene of an Accident is a serious motor vehicle offense that can result in criminal charges depending upon the circumstances. Most individuals facing a leaving the scene of an accident charge in NJ will not be facing criminal charges, however the penalties upon conviction for leaving the scene of an accident in New Jersey are severe and life altering nonetheless. If you have been charged with leaving the scene of an accident, it is imperative that you contact an experienced Newark NJ attorney or Essex County municipal court lawyer who is familiar with the specific court that your leaving the scene of an accident matter will be heard. The  right attorney could mean the difference between losing you license for a year and walking away with a minor fine or a not guilty verdict. Please take the time to read the following sections which explain the offense, the penalties, and defenses. This information regarding NJ leaving the scene of the accident law will be helpful and our consultations are always free

Leaving the Scene of an Accident N.J.S.A. 39:4-129

As previously mentioned, most leaving the scene of the accident charges are under the jurisdiction of the municipal court. The traffic offense of leaving the scene of an accident is penalized under the authority of N.J.S.A. 39:4-129. Please take a moment to review the statue that follows. The penalties for leaving the scene of an accident follow this section.

39:4-129. Action in case of accident

(a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $ 2,500 nor more than $ 5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.

In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $ 200 nor more than $ 400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $ 400 nor more than $ 600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

(c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e) There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $ 250.00 or more to any vehicle or property has knowledge that he was involved in such accident.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $ 250 or more than $ 1,000.

Penalties for Leaving the Scene of an Accident in NJ

• Fine between $2500 and $5000 for first offense
• Possible imprisonment for up to 180 days. If you injure another or the accident resulted in death, some jail may be mandatory
• Suspension of New Jersey driver’s license for a period of 1 year for a first offense. A second conviction will result in a LIFETIME suspension
• If the accident resulted in injury, eight (8) motor vehicle points. If not two (2) points

As an experienced Essex County NJ municipal court lawyer and criminal defense attorney, I have handles and successfully defended many clients charged with  leaving the scene of an accident. The state must be held to its proofs, and the burden is on the state to prove your guilt beyond a reasonable doubt. The following section provides the elements that must be proved by the State to convict, and some defenses to a leaving the scene of an accident offense in New Jersey:

Elements State Must Prove to Convict

• Operation: The state must prove that the defendant was operating the car. This may be done through direct proof or circumstantial evidence. The judge will weigh the nature of the proofs offered against the evidence offered by the defendant to the contrary
• Knowledge: The state must prove that the defendant knew he/she was involved in a motor vehicle accident. In some cases there is a rebuttable presumption of knowledge if there is injury or damage in excess of $250. A rebuttable presumption is nothing more than a permissive common sense inference that the judge may make given the totality of the circumstances. But, the defendant has the opportunity to challenge.
• Finally, the state must show that you did not stop and return to the scene to fulfill your obligations as quickly as possible.

Defenses to Leaving the Scene of an Accident

In many of the cases I have handled, the charges have been significantly downgraded because I have been able to raise proof issues that the state must acknowledge. It is not always so easy to prove that someone knew they were involved in an accident, considering the rather low $250 threshold. As an experienced municipal court attorney, I know when it is best to seek a plea bargain, and when it is right to fight. Furthermore, these cases frequently present identification issues for the state. This means that it may not be able to prove operation. Of course, eyewitness testimony or admissions by the defendant may come into play. But baring this, the operation element may remain in question to the very end.

On many occasions, even when the state can prove the case, I am able to negotiate deals that result in only fines, no motor vehicle points, and no loss of license. Prosecutors appreciate a local attorney with the experience to know when it is time to fight, and when it is time to mitigate. More often than not, I am able to make the correct choice, and negotiate deals that keep my client safe, or prepare a defense that gives my client a real chance for a not guilty trial verdict.

If you have been issued a ticket in New Jersey for leaving the scene of an accident in Newark, Essex County, or in any New Jersey Municipality, seek the advice of an NJ traffic ticket lawyer who understands how to defend you case.

Second Offense DWI New Jersey

Second Offense DWI Within 10 Years of Previous Violation Including Out Of State Offenses:

Just to be clear, the ten year step down has its limitations. The 10 years step down only provides for “one step” down. Therefore, if it has been 10 years since your last DWI Offense and your last Conviction was for a third offense, the current charge will be treated as a second DWI offense.  If you are charged with a second offense DWI in NJ and it had been ten years since your last conviction in this state or any other, you will be treated as a first offender.

Secondly, If you are charged with a DWI offense in NJ within 10 years of receiving a step down in connection with the prior offense, the instant offense will be treated as if you never received the step down. For example, if you were convicted of a first offense in 1997 and were arrested in 2008 for a second time, the court would apply the rule and treat the defendant as a first offender. However, if in 2009 you were arrested and charged once again with DWI in NJ, you would be subject to third offense DWI penalties. Even though you were treated as a first offender on the last offense, the court will not treat the most recent offense as a second.

Penalties for Second Offense DWI

• $500 to $1000 fine
• Loss of license for 2 years
• imprisonment of not less than 48 hours which may be served by completing the IDRC (Intoxicated Driver Resource Center) education program courses
• In addition to the above, the court may sentence the defendant to up to 90 days in jail
• Court shall order either the installation of an ignition interlock device for not less than 1 year, or shall revoke registration privileges for 2 years
• Stautory fines same as first offense
• Surcharges

If convicted of a second offense the court will suspend your license for 2 years. Unlike first offense DWI in NJ, suspension for a second offense is not a tiered penalty structure.

Losing your license for two years and the possibility of 90 days in jail make second offense DWI penalties just as harsh as many criminal offenses when it comes to the possible penalties imposed. If you have been arrested and charged with DWI in NJ and need information about the law and how it works, call attorney Todd Palumbo for a free consultation.

Domestic Violence Simple Assault Charges

I recently defended a client charged with domestic violence simple assault in Newark NJ. The alleged offense occurred in the defendant’s home during an argument between husband and wife. Neither the defendant nor his wife had contacted the police to come to the home, however a neighbor took it upon themselves to call 911. When the police arrived, my client’s wife told the police that she did not want to file a complaint. Nonetheless she made several statements implicating my client and did have some redness on her extremities. She complained of some pain. The facts present here are fairly common with NJ domestic violence simple assault charges and are sufficient for the police to charge.

No restraining order was filed in this particular case, and when I met with my client for the initial interview, his wife was present. I have lots of experience handling domestic violence issues and understand that it is important to protect my client first. However, on many occasions, it may be necessary to counsel both parties about the cycle of abuse that may or may not be churning, because frequently couples would like to work things out.

Often, I have my clients and their families seek counseling prior to the hearing date. This is effective both in obtaining good results for my client and for finding out if there is a more serious underlying problem that needs addressing.

Even if the alleged victim is unwilling to testify against their husband, wife, boyfriend, girlfriend, etc., the state may still seek to prove its case if the complaint was signed by law enforcement. However, taking the right steps in preparation of a pre-trial conference could mean that the prosecutor and the judge in the municipal court will be more willing to accept the recommendations of the victim. If counseling or therapy has been successfully documented, the court is more likely to entertain the state’s motion to dismiss.

Nonetheless, many domestic violence assault charges must go to trial. And if so, it is the job of an experience attorney to conduct a thorough examination of my client’s accuser to expose inconsistencies, lies and bad motivations. Unfortunately, domestic violence issues are prevalent in the NJ criminal courts. The emotionally charged atmosphere of a troubled relationship can lead to poor decision making on both ends. It is my job as an experienced domestic violence attorney to filter out the truth and protect all involved when necessary, but first and foremost, my client.

NJ motor vehicle surcharges and insurance eligibilty points

I recently posted an article regarding New Jersey Motor Vehicle traffic offenses, points and surcharges. This is a follow up to that discussion and clarification. There are two particular categories to be addressed and the distinction is important. The two categories are NJ motor vehicle surcharges and NJ Insurance eligibility points. Frequently the two are confused. I will address each in turn. Remember, a NJ traffic defense lawyer and municipal court attorney will work with you to formulate solid defenses. The law is intricate and confusing, but experienced lawyers can navigate the gauntlet. Remember, the best way to avoid the myriad of penalties outlined below is to hire experienced counsel.

Motor vehicle surcharges are a civil penalty and imposed under the authority granted to the Chief Administrator of the the Motor Vehicle Commission (MVC). These surcharges are imposed when a licensee compiles too many motor vehicle points or is convicted of certain Title 39 motor vehicle offenses. Once surcharges have been levied against you, you must make timely payments or be subject to possible indefinite license suspension or judgment and judgment for the surcharge amount. Surcharges are predictable, meaning the amount assessed is fixed for just about all eligible Nj traffic violations and point accumulations. The best Nj traffic ticket lawyers will uderstand how to best structure a case to avoid as many surcharges as possible.

Surcharges are imposed for the following offenses:

• Under the authority of N.J.S.A. 17:29A-35(b)(1)(a) the MVC may impose a surcharge on any driver who is assessed six or more points in the prior three years period. This is how it works. Assume that in year one you are issued a ticket for speeding and assessed four (4) points. 12 months passes and you receive no tickets or are not convicted of any NJ moving violations. You will be granted a 3 point credit and have a total of 1 point. Yet if you are assesses  2 points for any other violation in either of the next two years, you will incur surcharges because you will have accumulated 6 points over a three year period for MVC surcharge purposes. The point assessment surcharge starts at $100 and $25 will be assesses for every point in excess of six. The surcharges remain for each year the motorist has six or more points on his/her license.

• Under the authority of N.J.S.A. 17:29A-35(b)(3) the MVC may assess surcharges for Title 39 offenses that don’t necessarily require the imposition of points. The surcharges for these offenses are imposed on a yearly basis for years. These offenses are as follows

1) N.J.S.A. 39:3-10     Unlicensed Driver                                 Surcharge $100 for 3 yrs

2) N.J.S.A. 39:3-40    Driving on the Revoked List             Surcharge $250 for 3 yrs plus an additional $250 per year for 3 yrs for an administrative violation of the law

3) N.J.S.A. 39:6B-2     No Insurance on Motor Vehicle     Same as above

• Under authority of N.J.S.A. 17:29A-35(b)(2) the MVC will assess surcharges for any conviction for drunk driving or refusal to take a breath test under N.J.S.A. 39:4-50 and 4-50.4. The surcharge is $3000, to be paid in $1000 payments for three consecutive years.

The additional  administrative penalties will result not from court convictions, but when the MVC has evidence to show that you were operating during a period of suspension. For example, if your license was suspended and you were issued a ticket for speeding, but for what ever reason the officer did not issue you a ticket for driving on the revoked list, the MVC would still impose the surcharge based upon the speeding conviction. An additional administrative suspension of your licensed is likely even though the court took no such action.

If you are caught driving on the revoked list, and your license was suspended for non-payment of motor vehicle surcharges, you will be subject to enhanced penalties in addition to those normally assessed for a violation of 39:3-40. The judge is required to impose a $3000 fine on the defendant. To make matters worse, this fine is recorded as a judgment with the superior court payable to the MVC.

It is important to remember that surcharges can be imposed on out of state drivers as well. Moreover, if a New Jersey Driver is convicted of DWI or refusal on another state, NJ can impose Motor vehicle surcharges in this state.

Insurance eligibility points are not assessed  by the MVC, but rather by insurance companies doing business in New Jersey. The insurance points assessed are typically the same as those imposed in connection with traffic offenses. However, some non-point traffic offense do result in insurance eligibility points. DWI, for example, is one of these. The accumulation of 7 or more points will disqualify the individual from purchasing insurance in the voluntary market. Nonetheless, there are high risk pools that will accept the individual at a dramatically increased premium.

What ever the case may be, the financial consequences are daunting. If you are facing a NJ motor vehicle traffic charge that may result in either motor vehicle surcharges or the imposition of insurance eligibility points, you should contact a New Jersey traffic lawyer for a free consultation. The impact of such an offense is on going. The consequences are unforeseen and can mean thousands of dollars out of your pocket, jail, or a judgment on your credit.

New Jersey traffic ticket lawyer, Newark, South Orange, Irvington, Cedar Grove, Livingston, Millburn, Maplewood, Summit, Jersey City, Roseland, Essex Fells, Caldwell, West Orange, Bloomfield, Montclair, Orange, Verona, Weehawken, Hoboken, Cranford, Union City, Etc.

Defenses to Driving Without Insurance

If you have been charged with driving without insurance in Newark NJ, contact a Newark traffic violation lawyer immediately to determine the defenses you may have to this serious motor vehicle offense.

The penalties for driving without insurance are as follows:

1. For a first offense, one years loss of license, fine between $300 and $1000, community service.
2. For subsequent offenses, a fine of up to $5000, subject to 14 days in jail, 30 days community service, 2 years loss of license.

If, at the time of trial, the defendants fails to provide a valid insurance card or policy, it creates a rebuttable presumption that the defendant is uninsured. To be clear, this means that the state, at least initially, does not have to prove that you had no insurance. It is the burden of the defense to prove that the defendant either had a valid policy or show that the policy was not validly canceled. Both the owner of the vehicle and the operator can be issued a summons for no insurance if either “caused” the vehicle to be operated

The last two sentences of the preceding paragraph address two of the most important defenses. As indicated, the registered owner of the vehicle will typically be the operator. If someone other than the owner is operating the vehicle at ticket for no insurance can still be issued. Yet if someone other than the owner is issued a ticket for no insurance the state must show that the operator knew or should of known by the attendant circumstances that the vehicle was uninsured. The case law that has examined this issue appears to apply a sliding scale analysis. The closer the relationship between parties, the more likely the finder of fact to impart that knowledge onto the defendant. Nonetheless, these are fact specific cases. In my experience, I have successfully defended members of the same household by showing that it was virtually impossible for the operator to know that the vehicle was uninsured. But this is a difficult and technical defense to assert and must be carefully crafted.

The most frequently asserted defense in no insurance cases is the failure of the insurance company to properly cancel the insurance policy. Title 17 of the New Jersey Statutes lays out the necessary steps that an insurance company must follow in order to properly cancel insurance. Proving that the insurance company failed to follow procedure is also an involved and technical defense. The process of shifting the burden back to the state is challenging. No insurance cases often must be tried and require multiple court appearances.

I have extensive experience defending those charged with this serious traffic violation all over the state. The stakes are too high. If charged with this offense,  I would urge you to seek counsel. I can be reached 24 hrs a day at the number to the right.

New Jersey Motor Vehicle Points and Surcharges

Newark NJ Motor Vehicle Violations and Point Assessment

As far as the assessment of New Jersey Motor Vehicle Points on a NJ Driver’s license, there are two sides of the coin. First, the NJ Motor Vehicle Commission (MVC) will keep track of the points that a motorist has been assessed. As you accumulate points, the you will receive warnings from the MVC letting you know that you are getting close to that threshold suspension mark. What is the threshold? Here is a little guide:

• 12 or more points in a period of 2 years or less
• 15 or more points in a period greater than two years
• at least 12 but fewer than 15 points in a period greater than 2 years unless the licensee notifies the MVC in writing within 10 days of the date of mailing of the proposed notice of suspension of his intention to enroll in an approved driver improvement course

Of course, there are also point reductions  every 12 months if licensee has not committed any violation resulting in the assessment of points or in the suspension of driving privileges. However, the accumulation of points often results in the imposition of motor vehicle surcharges. These surcharges are imposed if convicted of certain motor vehicle offenses or if the licensee is assessed six or more points. For more information on surcharges and insurance ramifications click on the link above. In my experience, it is often the case that a licensee is not aware of the surcharges and as a result, driving privileges may be suspended for non-payment. NJ driving privileges can also be suspended for failure to appear in court, non-payment of child support, letting your insurance laps, and a host of other reasons.

Many times, a licensee will not be aware that there is a suspension, or that they have accumulated many points if one has changed addresses without notifying the MVC.  In order to comply with notice requirements, the MVC is required only to send it to the last address on file.

Points do not come off a license while a New Jersey  license is suspended. Points do not come off if the licensee is on probationary status following a period of suspension.This means that if you have accumulated enough points, it becomes increasingly difficult to get them off your license. Needless to say, a NJ traffic ticket lawyer will be able to either take your case to trial or plea bargain with the prosecutor to give you the best possible outcome.

As for Insurance companies, they are all different. However, in my experience premiums typically go up if points are assessed. The prevailing thought is that you must make an attempt to fight your NJ traffic violation. Given the complexity of Title 39, an experienced traffic ticket attorney should be consulted. Traffic violations are like a row of dominoes, knocking over the first one sometimes can trigger chain reaction that you could not have expected. But the best NJ traffic ticket lawyers can help you avoid the typical pitfalls

NJ DWI LAWS AND ARREST

The Law Offices of Todd Palumbo specializes in NJ DWI defense. If you have been arrested and charged with a Driving While Intoxicate offense in New Jersey, it is imperative that you contact a Lawyer who is trained and certified in this increasingly complex area of litigation. DWI Attorney Todd Palumbo is one of a few NJ lawyers who has certification in the both the administration of the Standardized Field Sobriety Test and the operation of the Alcotest breath testing device. The Alcotest has replaced the Breathalyzer machine over the course of the last several years.

If you have been arrested in New Jersey for a first offense, second offense, or third or subsequent offense DWI, you need to understand the multitude of harsh penalties that you may face. They include loss of license for up to 10 years for a third offense, 2 years for a second, and up to 1 year for a first offense. In addition, if convicted of a third or subsequent offense, the judge will impose a MANDATORY 6 month jail sentence. Fines, surcharges, and insurance penalties will also be assessed.

BAC or Blood Alcohol Content is typically the central issue in DWI trials. Invalidating the BAC readings is a technical and difficult process. The validity of the readings sometimes hinges on small details. A qualified NJ DWI trial lawyer knows what to look for and how to apply the law.

Aside from BAC, every defendant has constitutional protections against illegal searches and seizures. This means that the police must have reasonable suspicion to stop a motorist and probable cause to make the arrest. Probable cause is a totality of the circumstances consideration. A important factor in deciding to arrest a driver suspected of DWI is the performance on The SFST or Standardized Field Sobriety Test. Attorney Todd Palumbo has been trained in the administration of this battery of test, and knows when the test were not administered properly.

Losing your driving privileges is a life altering event. Your income, your family, your livelihood could be at stake. NJ DWI attorney Todd Palumbo has the experience and training to help you formulate a real defense to the charges you face. Every step of the way, the best NJ DWI attorneys identify holes in the state’s case and understand how to exploit them.

Unfortunately, given the complexity of the science and procedure and law present in each NJ DWI arrest, it is almost a necessity that you obtain representation. However, Todd Palumbo offers free consultations and will give you an honest assessment of your particular Driving While Intoxicated offense. Not every case is a winner, and Todd Palumbo knows when it is best to negotiate a plea and when an issue is ripe for trial. Accordingly, the legal fees should reflect these differences.

If you have been arrested and charged with a New Jersey DWI offense, contact the Law Office of Todd Palumbo today for your free consultation. Knowing where you stand is the first step.