Should You Contest a Traffic Ticket?

should-you-contest-a-traffic-ticketIf you’ve been pulled over for a traffic violation, you may believe that your only option, unless there are highly unusual circumstances, is to simply pay your fine and move forward. In some instances, that may ultimately be the best approach. But you should consider all your options first. Here are some of the consequences of challenging or not challenging a ticket.

Accepting and Paying the Ticket

If you simply pay your fine, not only will your wallet be significantly lighter, but the traffic citation will appear on your driving record. If you have prior traffic violations, that could put you at risk of suspension of your driving privileges. In addition, you may face substantially higher motor vehicle insurance premiums, and may have to lay out a lot of cash and a lot of time to attend a traffic school.

Challenging the Ticket

On the other hand, if you choose to challenge the ticket, you’ll need to set aside time to prepare for your court appearance, and to appear in court. Simply going to court to make your case can take the better part of a day, as you will have to appear at the beginning of the session and wait until your case is called. You may also have to take the stand and challenge the statements or assertions off the police officer who wrote the ticket. And there’s still the chance that you’ll lose and have to pay the fine and any increased insurance premiums. Furthermore, if hire legal counsel to handle your case—the best strategy—you’ll also incur legal expenses.

If the ticket carries a potential jail sentence, substantial fines or the risk of significantly higher insurance premiums, it’s probably in your best interests to fight the ticket. In either instance, you should contact an experienced lawyer for advice.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

For an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

Harassment as a Disorderly Persons Offense

harassment-as-a-disorderly-persons-offenseIn the heat of a dispute, your emotions can get the best of you and you can say or do things you regret later. Often, that can take the form of epithets or profane language, and your anger may even cause you to threaten physical harm to another person. You need to be careful, though, as you might engage in acts that would be considered harassment under New Jersey law.

Under NJSA 2C: 33-34, you can be charged with the disorderly persons offense of harassment if you do any of the following with the intent of harassing another person:

  • Cause or make anonymous communications to that person
  • Communicate with or to that person at inconvenient hours
  • Communicate with that person in coarse language
  • Engage in any other conduct likely to cause alarm in another person

It is also considered harassment if you strike, kick, shove or offensively touch another person, or if you simply threaten to commit any of those acts for the purpose of harassing someone. You can also be charged with harassment for engaging in any course of conduct or repeated acts designed to alarm or annoy another person.

In most instances, harassment is considered a petty disorderly persons offense, with a maximum penalty of 30 days in jail and a $500 fine. However, there are two situations where harassment will automatically be bumped up to a fourth degree crime:

  • If your intention was to intimidate or harass a person because of his or her race, color, gender, sexual orientation, ethnicity, religion or status as handicapped
  • If, at the time you engaged in the harassment, you were either incarcerated or on parole/probation for an indictable offense

Contact the Law Office of Michael Curtis Greenberg

Don’t go to jail. We will fight to protect your rights!
There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015
by
The American Society of Legal Advocates

Challenging a Breath Test in New Jersey

4. Challenging a Breath Test in New Jersey

You’d been drinking, got pulled over and submitted to a breath test, which confirmed that you were driving while under the influence. How do you go about challenging the breath test? Is there any way that can be done?

In actuality, there are a number of requirements associated with breath tests. In addition, a good defense attorney may be able to show that the equipment used was not properly calibrated, maintained or repaired. Here are just some of the steps officers have to take to ensure a valid breath test:

  • The mouthpiece on the machine must be changed between each breath (not each subject), as blood alcohol readings can be cumulative
  • The officers cannot rely on a single reading—there must be at least two readings in excess of the legal limit
  • There cannot be any radio devices, cell phones or walkie-talkies in the room where the test is conducted
  • The person being tested must be observed for at least 20 minutes prior to the test, to confirm that they did not vomit, regurgitate or even belch, as that can affect the results
  • The officer must clearly ask the driver if they’ll take the test—twice—and the driver must clearly say yes—twice

Contact Attorney Michael Curtis Greenberg

Don’t lose your license or go to jail. Let us fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates