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"Ron Mondello is an outstanding attorney. He is responsive, thorough, creative in his advice, and he is also genuinely..."
0-100 27th Street
Fair Lawn, NJ 07410
11 Kiel Avenue Suite D1
Kinnelon, NJ 07405
343 Monroe Street
Suite 4; 2nd Floor
Passaic, NJ 07055
My advise is a resounding yes. If you receive a speeding ticket for exceeding the speed limit up to and including 14 miles over the speed limit that ticket carries 2 points. A speeding ticket where you exceed the limit by 15 or more up to and including 29 miles per hour, that violation carries 4 points. If you exceed the speed limit by 30 or more miles per hour that violation carries 5 points and Municipal Court Judges are inclined to suspend your license for a period of time for driving at that rate of speed.
Anyone who receives a traffic violation should consult with an attorney. Attorneys who specialize in traffic ticket defense offer free consultations so you have nothing to lose and everything to gain by listening. If you have NEVER received a traffic ticket that carries points then your attorney will be pleased to inform you that there is a 2 point insurance exemption that you may utilize. Meaning, your insurance carrier will not raise your rates for this one and only time.
Most insurance companies will charge anywhere from $100.00 to $200.00 per point each year for three years so a four point speeding ticket could cost you $2400.00 over the next three years in automobile insurance increases (4 x $200 x 3 years). The NJ DMV will reach into your pocket if you receive 6 or more points. You can enroll in a driver improvement course and have 3 points removed from your driving record. This may save you some money with the DMV but not with your insurance carrier. Your insurance carrier will not deduct those 3 points. You can also take a defensive driving course and have 2 points removed from your driving record and a whopping 5% reduction in your insurance premium. There is a catch though. You are making a pact with the DMV in exchange for this reduction. If you should receive a ticket within a certain time period after taking the course then you are subject to being suspended.
New Jersey Municipal Courts permit plea bargaining on all offenses except Driving While Intoxicated (DWI) and Drug Cases. In many instances, a municipal court prosecutor will down grade a 2 point speeding ticket to a 0 point ticket ( NJSA 39:4-97.2 – Unsafe Driving) without the necessity of being represented by counsel. This assumes that there are no extraordinary circumstances surrounding the speeding ticket that you received (no accident, no injuries, no problematic conversations between you and the police officer who issued the ticket and you have a good to fair driving record).
The New Jersey Legislature recognized that many good drivers make mistakes. They provided for those mistakes by creating a statute, specifically NJSA 39:4-97.2 Unsafe Driving. There are no points associated with that statute, however, the statute can only be used two times within a five year period. Should you pled guilty to NJSA 39:4-97.2 Unsafe Driving a third time within five years, DMV will assess 4 points against you.
Unlike the 2 point speeding ticket, a 4 or 5 point speeding ticket is not usually reduced to the 0 point statute-Unsafe Driving unless your are represented by an attorney. The reason is quite simplistic. Your attorney is very capable of trying a speeding ticket case regardless of the method used to track your speed (i.e., radar, pace, etc.). The trial can be very lengthy. Your attorney can cross-examine the police officer and highlight the deficiencies in the State’s case. You alone can not. The prosecutor, when faced with a lengthy trial and large number of cases, may be inclined to reduce the speeding ticket to unsafe driving.
Recent legislation permits automobile insurance companies to double your insurance premiums if you accumulate 5 or more points. Therefore the best advice that I can offer if your are pulled over is to be quiet, respectful and polite but most of all speak to an attorney who specializes in the defense of traffic tickets.
Ron Mondello’s office is located in the same building as the Fair Lawn Chamber of Commerce on 27th Street in Fair Lawn. Ron has been practicing the defense of traffic tickets and other municipal court matters for over 10 years. He has successfully resolved hundreds of municipal court and DMV matters.