Plea Bargaining Municipal Court Traffic Offenses
If you have been charged with a motor vehicle moving violation and have a clean driving record, you should retain an experienced attorney before pleading to the “no point” offense of unsafe driving, N.J.S.A. 39:4-97.2. “Unsafe driving” is defined as driving a motor vehicle in an unsafe manner likely to endanger a person or property. The unsafe driving offense can be a “money maker” for the municipalities:
A person convicted of a first offense shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points;
A person convicted of a second offense shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points; and
A person convicted of a third or subsequent offense shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed four motor vehicle penalty points.
The statute does allow for two unsafe driving offenses within a five year period without being assessed motor vehicle points. However, there is a $250.00 surcharge for each violation plus you will be assessed court costs.
When it is all said and done, by pleading to unsafe driving, you are looking at hefty price to pay. Given the right circumstances (for example, a clean driving record), you might be able to plea to a no point offense with a much lower fine. For more information regarding municipal court traffic matters, contact the Law Office of H. Benjamin Sharlin LLC at (609) 585-0606 for a free consultation.
Please be advised that this blog is for informational purposes only, is not legal advice and does not create an attorney-client relationship.
The Law Office of H. Benjamin Sharlin LLC
is owned and operated by H. Benjamin Sharlin and serves all of Mercer County, New Jersey and the surrounding areas. Mr. Sharlin is a bilingual Spanish-speaking attorney who vigorously represents the interests of all his clients.
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