NJ State Police commit significant errors during traffic stops!!!
N.J. State Police made ‘troubling’ amount of errors during traffic stops, according to a recent study. NJ.com recently published an article that described the results of a study regarding New Jersey State Police practices during motor vehicle stops. According to the article, the study revealed that, “429 stops reviewed from Jan. 1 to June 30, the office […]
Appellate Court Finds Police Lights Do Not Constitute a Stop
A police officer who used his flashers when pulling up behind a parked car had not “stopped” the car’s driver, the Appellate Division of the Superior Court of New Jersey found late last month in the case of State of New Jersey v. Joseph Adubato. On the night of August, 2008, a North Arlington police officer, […]
PACE METHOD OF SPEED DETECTION, IS IT VALID?
In New Jersey the State Police increasingly are utilizing the Pace method of speed detection, as opposed to, radar or laser gun speed detection. There are very few cases that explicitly approve of such a method, however dicta in various cases seem to indirectly approve such a method. As a practical matter, judges in Newark, Elizabeth and Linden (just […]
CAN A DEFENDANT PICK HIS/HER COURT DATE & TIME
Can a defendant/motorist that has to appear in one of our New Jersey based Municipal Courts that hold evening court sessions (i.e. Rahway Municipal Court, Elizabeth Municipal Court, Linden Municipal Court, etc) choose between a morning or evening court session. The answer to that question is, for the most part, is NO. If a Municipal […]
Linden Municipal Court Check-IN Procedure
If you have been charged with a moving and/or disorderly persons violation under New Jersey Criminal Code that is scheduled to be heard in Linden Municipal Court here are some pointers that will help you through the process, to wit: 1. Call the Court to verify the Court date listed on the Summons; 2. Make sure you […]
Elizabeth City Municipal Court Change in Court Date Notice Discussed
Court sessions at the Elizabeth Municipal Court are held in two separate court rooms. If you are solely charged with a traffic offense, more likely then not, your hearing shall take place at 208 Commerce Place, 2nd Floor, Elizabeth, New Jersey. However, if you are charged with a disorderly persons offense under New Jersey Criminal […]
ROAD BLOCKS AND POLICE DIRECTION AS A RESULT OF HURRICANE IRENE
I have been receiving numerous calls and inquiries as to traffic tickets issued by Police Officers during hurricane Irene. New Jersey Police are provided rights to direct and control traffic. As such, if a motorist fails to obey a Police Officer directing traffic then that motorist may be guilty of N.J.S.A. 39:4-80. The aforementioned traffic […]
New Jersey Municipal Courts, Who is the BOSS?
As some of you may be aware, New Jersey Municipal Courts oversee and adjudicate all traffic offenses, DWI/DUIs, city ordinance violations and/or disorderly persons offenses (semi-criminal) arising in New Jersey. Well, who oversees or regulates the administration of the Municipal Courts? In other words, NJ Municipal Courts have to have some sort of administrative uniformity. The shortened answer to this question is […]
N.J.S. 39:4-85.1 One Way Traffic on New Jersey Roadways
According to N.J.S. 39:4-85.1, a motorist may not drive in the wrong direction on a duly designated one-way street, AS LONG AS, appropriate signs are posted. As you may have already noticed a good defense to this particular New Jersey traffic ticket is to challenge the particular one-way sign as failing to comply with New Jersey Statutory […]