Traffic Offenses

03
FEB
2012

Immigration consequences in Municipal Court Discussed.

Posted By : Dan Matrafajlo
Comments : 0
Illegal aliens or undocumented immigrants due incur traffic offenses such as DWI and/or speeding tickets. However, the procedures for illegal aliens or undocumented aliens are somewhat different if arrested for a DWI and/or drug offense under title 2c.  According to various...
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15
JAN
2012
Breath_Test

If initial consent to giving a breath test and an inadequate breath test is given=refusal?

Posted By : Dan Matrafajlo
Comments : 0
If a motorist is apprehended for suspicion of drinking and driving does that motorist have to submit to a breath test. The simple answer is “yes” (for most situations but not ALL). According to New Jersey law under NJSA 39:4-50.2(e), the police are required to read to...
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26
DEC
2011

New Jersey Traffic Ticket Lawyer Explains What Can Happen If You Just Ignore Your Traffic Ticket

Posted By : Dan Matrafajlo
Comments : 0
What happens if you ignore a ticket depends on what type of ticket it is. If it is a ticket for a moving violation and you just ignore the ticket, the court could issue a bench warrant for your arrest, and your license could be suspended. This is a very serious consequence, so it...
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23
NOV
2011

Disobeying a traffic sign on Federal Park Property

Posted By : Dan Matrafajlo
Comments : 0
If you are visiting one of New Jersey vast parks owned, managed, regulated and operated by the Federal Government then you must adhere to federal traffic regulations. According to 36 CFR 4.12,  “Traffic control devices.  Failure to comply with the directions of a traffic...
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23
NOV
2011

Speed Restrictions on Federal Property

Posted By : Dan Matrafajlo
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Comments : 0
A motorist traveling on federal property such as Sandy Hook beach is subject to federal speed restriction laws.  According to 36 CFR 4.21, all motorist traveling on park roads must adhere to the following speed restriction: (1) 15 miles per hour: within all school zones,...
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07
NOV
2011

Signing and Accepting a Traffic Ticket in New Jersey

Posted By : Dan Matrafajlo
Comments : 0
If you receive a traffic ticket for a moving violation (such as speeding), the police officer who issues the ticket will ask you to sign it. Signing a ticket does not mean you are admitting you did anything wrong. Signing a ticket merely means that you agree to appear in court on...
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22
SEP
2011

What provides N.J. Motor Vehicle Commission authority to impose surchages?

Posted By : Dan Matrafajlo
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Comments : 0
The New Jersey Motor Vehicle Commission is delegated the authority, via statute, to impose insurance surcharges on every New Jersey driver that, within a three year period, “has accumulated six or more motor vehicle points”. See, N.J.S.A. 17:29A-35. The costs to New...
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21
SEP
2011

Will the court automatically dismiss my traffic ticket charges if the officer does not show up at trial?

Posted By : Dan Matrafajlo
Comments : 0
If you choose to fight your traffic ticket in court, most people seem to believe that if the officer who cited you for a traffic violation fails to show up in court, your case will be automatically dismissed. As a New Jersey traffic ticket attorney familiar with these matters, I...
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14
SEP
2011
Drug Possession Charges 

Appellate Court Finds Police Lights Do Not Constitute a Stop

Posted By : Dan Matrafajlo
Comments : 0
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...
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20
JUN
2011

NJ Bicyclist without proper lifts and reflector may be subject to a lawsuit for Negligence

Posted By : Dan Matrafajlo
Comments : 0
N.J.S.A. 39:4-10 requires New Jersey bicyclists to equip all bicycles utilized on New Jersey roadways at night with proper front and rear lights. In Duffy v. Cratsley, 29 N.J. Super. 1471 (App. Div. 1953) the Appellate Division opined that failure by the plaintiff/bicyclist to...
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