If you have been wrongly charged for a traffic ticket, this should be your go-to source. Here, we will provide complete guidelines about how to plead not guilty to a traffic ticket issued wrongly. Depending on your case type, you can quickly plead not guilty at your respective municipal court with or without an attorney.
You can also efficiently work out plea agreements and waive your fines. This provides a detailed guideline and covers most aspects of this subject.
Contesting A Traffic Ticket In NJ Court
Contesting a traffic/parking ticket in NJ court can be simple and complex, depending on the offense you committed. There are two scenarios: the first is one in which the offense is quickly resolved without a lawyer, and you can be pardoned by providing case details, and the second is one in which an attorney must present your case in court.
Cases that can be presented in court without a lawyer:
- Using a no-passing zone
- Not keeping right
- Careless driving
- Not paving the way for an emergency vehicle.
- Improper passing
- Speeding
- An improper U-Turn
- Following very closely
- Not maintaining a lane.
- Wrong backing
- Refusing to stop
- Passing a school bus
- Not signaling a turn.
- Improper backing
Even if these offenses are not serious, they add violation points to your driver’s record. For example, if you already had 4 points and committed an offense, adding up two more points will cause you to be overcharged. Hence, getting a lawyer or their advice should be highly prioritized.
Cases that should be presented in court with a lawyer:
- Driving while drunk
- Driving while suspended
- Breath test refusal
- Breath test refusal
- Driving while on the phone
- Reckless driving
- Speeding(15 miles or more)
- Driving a vehicle not insured
- Escaping the scene of an accident
Serious offenses can lead to you being surcharged, your license getting suspended, or even serving a term in jail.
How To Plead Not Guilty?
If you want to plead guilty and do not know how to follow these specific guidelines, then,
- Visit https://www.njcourts.gov/ website and find the hyperlinked mail form in the plead not guilty section.
- Complete the plea mail form and upload it to Judiciary Electronic Document Submission (JEDS).
- You can also plead using the Municipal Case Resolution System, accessed via NJMCDirect.com.
- The prosecutor will reach out to you to reach a plea agreement, and court staff will inform you of your hearing date.
- Go to the Municipal court on your scheduled date to have your case judged by the court.
For a direct and efficient way to handle your traffic tickets, visit NJMC Direct.
How To Prepare For Municipal Court Appearance?
When pleading not guilty, keep in mind that some minor offenses may be resolved without you going to court. However, some do require your presence mandatorily.
Get A Public Defender:
If you are required to have a public defender for your court case, you can contact the municipal court for an application form. The given PDF file contains the information you need.
2. When Presenting Yourself in Court:
- Switch off and silence your smartphones and personal devices.
- Get yourself aligned with the court staff at court.
- Listen to the guidelines provided by the court staff.
- Wait for your turn to speak; remember, these sessions are recorded.
- The judge will begin the hearing with an opening statement explaining court proceedings, the defendant’s rights, and penalties.
- The case might be postponed so you can hire an attorney and prepare for your defense.
- Sometimes, your case might go into mediation if the judge orders it or if it involves a dispute with another person.
3. Cases Priority Order:
Cases are called in the following priority order by the NJ court.
- Cases are usually called in the following order:
- Requests for postponement.
- Uncontested motions.
- First arraignments.
- Guilty pleas.
- Contested motions.
- Pleas of not guilty with an attorney.
- Pleas of not guilty without an attorney.
Pleading Guilty or Not Guilty At Municipal Court
When you file a case, you can enter a plea of guilty or not guilty, depending on your situation. You may work on a plea agreement with the prosecutor before your case is called.
Pleading Guilty And Plea Agreement:
- A plea agreement occurs when the prosecution agrees to lower charges, fines, or sentences in exchange for pleading guilty.
- The judge has the right to refuse the plea agreement.
- When you plead guilty, the judge will ask questions to ensure your facts align with your plea.
- Make sure to enter a plea voluntarily and with full knowledge.
- Make a finding, impose a sentence and then follow it.
You can also plead online if your offense doesn’t require an in-person visit to court.
Pleading Not Guilty and Municipal Court Trial:
- When you plead not guilty, your case moves toward trial. The trial takes place on the scheduled date. Municipal cases do not involve a jury.
- The judge will give the final statement on whether you are guilty. You will be provided with instructions on how to comply with that sentence.
- If you do not show up in court or fail to pay fines, you may be subject to additional fines, suspension of your driver’s license or arrest, and jail time.
- If you are found guilty and can not pay the penalty at once, then initiate an installment plan, and you can modify that plan or get other relief from the judge.
Note: You can appeal the judge’s decision within 20 days. For more detailed guidelines, visit the municipal court’s self-help page.
Conclusion
You can quickly plead guilty or not guilty by assessing your situation at the municipal court. In some offenses, you can even plead not guilty online and are not required to visit the court. You can easily win the case by following the guidelines and presenting yourself in court with complete preparation. Reaching a plea agreement or getting yourself a public defender is up to you. We have provided detailed guidelines for possible situations. Best of luck!
