Latest Traffic News

01
SEP
2011
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Elizabeth City Municipal Court Change in Court Date Notice Discussed

Posted By : Dan Matrafajlo
Comments : 0
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...
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30
AUG
2011
traffic ticket

ROAD BLOCKS AND POLICE DIRECTION AS A RESULT OF HURRICANE IRENE

Posted By : Dan Matrafajlo
Comments : 0
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...
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23
AUG
2011
New Jersey DUI Bench Trials

New Jersey Municipal Courts, Who is the BOSS?

Posted By : Dan Matrafajlo
Comments : 0
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...
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05
AUG
2011
Traffic Ticket

N.J.S. 39:4-85.1 One Way Traffic on New Jersey Roadways

Posted By : Dan Matrafajlo
Comments : 0
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...
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01
AUG
2011
traffic ticket

NO POINT VIOLATION AND NO $250.00 N.J. STATE SURCHARGE

Posted By : Dan Matrafajlo
Comments : 0
Almost all persons that have been involved in plea negotiations with a prosecutor regarding a New Jersey incurred moving violation were advised of Unsafe Driving in violation of N.J.S. 39:4-97.2. As my previous blogs discussed, Unsafe Driving is an extremely expensive no point...
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29
JUL
2011

N.J.S. 39:4-126 (FAILURE TO SIGNAL)

Posted By : Dan Matrafajlo
Comments : 0
A New Jersey Municipal Court prosecutor is required to establish beyond a reasonable doubt several elements in order for a motorist to be adjudicated “guilty” to N.J.S. 39:4-126, Failure to Signal. The three elements of a turn signal offense are as follows: a turn, a...
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21
JUL
2011

Driving without Liability Insurance in New Jersey

Posted By : Dan Matrafajlo
Comments : 0
Motorists convicted with driving without liability insurance in New Jersey face substantial fines and will lose his/her driving privileges. See, N.J.S.A 39:6b-2 discussion in traffic ticket section of website. Possible defenses that may be appropriate and vindicate the Motorist...
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15
JUN
2011
DUI Attorneys

New Jersey Alcotest Triggered Refusal Charged Reviewed

Posted By : Dan Matrafajlo
Comments : 0
In New Jersey a motorist suspected for driving under the influence of alcohol is required to submit to breath testing upon police request.  It should be noted that a person charged with refusing to take a breath test, for the most part, faces consequences similar to a charge of...
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15
JUN
2011
DUI-ignition-interlock1

NJ DWI STANDARD REFUSAL STATEMENT MUST BE IN NATIVE LANGUAGE

Posted By : Dan Matrafajlo
Comments : 0
State v. Marquez is to be given pipeline retro-activity; therefore, the Spanish-speaking defendant’s Breathalyzer refusal conviction is reversed because the standard instructions were not given to him in Spanish.
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11
JUN
2011
New Jersey's reckless driving statute

New Jersey Carless Driving Discussed

Posted By : Dan Matrafajlo
Comments : 0
According to New Jersey trial court opinion in State v. Jahn, 121 N.J. Super. 209 (County Ct. 1972), one may drive carelessly and one may also speed. But the fact that a person is speeding does not necessarily mean the driver operated a motor vehicle carelessly. As such, speeding...
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