Traffic Offenses

02
AUG
2012

Does a motorist incur State surcharges if convicted of DWI/DUI?

Posted By : Dan Matrafajlo
Comments : 0
If a motorist in the State of New Jersey is convicted of DWI, does he/she incur State surcharges? The answer is an overwhelmingly, YES.  In fact, the surcharges imposed by the State, via New Jersey Motor Vehicle Commission (MVC), are substantial! The imposition of surcharges for...
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23
JUL
2012

Do you have to be actually driving to be convicted of a DWI?

Posted By : Dan Matrafajlo
Comments : 0
My clients have repeadelty asked the question on “whether or not you have to be actually driving to be convicted of a DWI?”  There is no easy answer to this question because according to the New Jersey Supreme Court the actual test is whether or not the...
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06
JUL
2012

Is New Jersey’s reckless driving statute a lesser included offense to careless driving?

Posted By : Dan Matrafajlo
Comments : 0
If you are cited for reckless driving in violation of N.J.S.A. 39:4-96 and careless driving in violation of N.J.S.A. 39:4-97, can you be convicted of both charges thereby incurring 7 motor vehicle and insurance points. If the above referenced traffic violations occur out of the...
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29
JUN
2012

What are proper time intervals on red light cameras

Posted By : Dan Matrafajlo
Comments : 0
The camera’s installed on traffic lights in the State of New Jersey have been implemented by the NJ legislature as a “pilot program.” According to our legislature the red light cameras are not installed to increase the legislature bank accounts but for citizenry...
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21
JUN
2012

Are NJ red light camera’s properly calibrated?

Posted By : Dan Matrafajlo
Comments : 0
The time periods between a green light to an amber light then to a red light have to be properly calibrated according to New Jersey Department of Transportation standards (as determined by the NJ legislature). The time intervals vary depending on the speed limit of the respective...
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19
JUN
2012

Statute of Limitations on Serious Traffic Offenses

Posted By : Dan Matrafajlo
Comments : 0
As discussed in my previous blog, the statute of limitation period (SOL) on most traffic violations in the State of New Jersey is 30 days. However, there are some exceptions to that rule. The New Jersey statute that addresses SOL periods for traffic offenses is NJSA 39:5-3....
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17
JUN
2012

Statute of Limitations on Moving Violations

Posted By : Dan Matrafajlo
Comments : 0
Can a traffic ticket for a moving violation be issued to a motorist at anytime? The answer to that question is an unequivocal, No! Let me explain. A police officer or complainant can only issue a summons for a moving violation committed on the highways of New Jersey withi...
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24
MAY
2012
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Traffic offenders in Union County, NJ or more likely to go to jail then if the same offense was committed in any other County in NJ!

Posted By : Dan Matrafajlo
Comments : 0
As of June 1, 2012 the Slap program is no longer offered in Union County New Jersey. The practical affect of extinguishing SLAP (Sheriff Labor Assistance Program*) from Union County is still unknown. Most municipal court judges are staying mandatory jail terms imposed upon...
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05
MAR
2012

Moving Violations for Commercial Drivers

Posted By : Dan Matrafajlo
Comments : 0
Commercial drivers spend a lot more time on the road than the average American and more time on the road means more opportunity to get a traffic ticket. If you are a commercial driver’s license (“CDL”) holder, a moving violation ticket can be the beginning of long list of...
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04
FEB
2012

What happens when you are charged with a traffic offense and indicatable offense?

Posted By : Dan Matrafajlo
Comments : 0
In the past, if a defendant had been charged with traffic offenses and an indictable criminal offense, in most cases, the charges would be heard in two different courts. First, the defendant would be facing the indictable criminal charges in the Superior Court. criminal division...
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