One Certain Way to Avoid Getting a Traffic Ticket

Thursday, February 6th, 2014

There are multiple methods to use in order to avoid receiving a traffic ticket. But, one method has stood strong since the invention of the automobile!

You must simply, drive safely.

As a traffic law attorney of NJ, Charles Block has represented individuals who could have avoided their traffic ticket by following this simple method. To avoid going through the trouble, here are some things to remember when driving around your neighborhood:

The Rules of The Road Weren’t Meant to Be Broken

If you don’t want to get ticketed, then never break any traffic law. Even though traffic laws vary in each state, you can do some research on what traffic laws are out there. Whether you are traveling somewhere in New Jersey, or crossing over to Pennsylvania, it is good to know the traffic laws wherever you are visiting.

Defense, Defense, Defense!

Just like winning the Super Bowl, the key to avoiding a traffic ticket is DEFENSE! Other drivers, especially police who are on the road, can become irritated over other drivers driving aggressively. Not only are you putting them in danger, you are putting yourself in danger by driving wild. By driving defensively, you can avoid being noticed by a police officer who is on the lookout for drivers swerving in and out of lanes.

Your Seat Belt Is There For a Reason

This is probably the first thing you learn when driving: Always wear your seat belt. Wearing a seat belt is a law in New Jersey and every other state as well, so be sure to click-it. Not only can wearing a seat belt help you avoid getting a ticket, it can also save your life. According to NJ.gov, more than 2,000 unbuckled drivers and front seat passengers died on New Jersey’s roadways in the past 10 years.

Driving Without Insurance in New Jersey

Monday, October 28th, 2013

Choosing to drive without car insurance in the state of New Jersey is not a smart choice.  In fact, it is one of the most serious motor vehicle offenses in the state of New Jersey.  Insurance protects you, your car, and other drivers and is required by the state of New Jersey.  There are several car insurance companies all competing for your business, so do your research and you are sure to find one that is affordable and meets all of your criteria.

Mandatory penalties imposed by the state of New Jersey for driving without car insurance includes a mandatory loss of license for one year, a $300.00 fine, $250.00 to be paid for three years for DMV surcharges, and up to $1,000.00 in community service.  The length of community service will be determined by the municipal court and there will also be court costs and fees that will be required to be paid.  A second offense carries more serious penalties including mandatory jail time of 14 days, a fine of up to $5000.00, a suspended license in New Jersey for two years, and 30 days of community service.

Every driver or registered owner of a motor vehicle is required to have the minimum required car insurance.  You must also carry the proof of your insurance in the car.  If you are pulled over and caught without the proof of your car insurance, such as your insurance card, then you will be ticketed and fined.  In this case, if you bring your proof of insurance to your court date and it’s proven that you were indeed fully covered at the time of the offense, then you may be able to show your proof of insurance and pay just the court fees.  For any serious traffic offenses, you should contact a lawyer in New Jersey.

The Importance Of Obtaining Car Insurance

Friday, October 5th, 2012

Owning automobile insurance is probably the most important part of being a driver. Being a driver holds an incredible amount of responsibility, and it is up to that person to make sure they, their passengers, and others on the road are safe from vehicular harm. If an accident does happen to take place, it is the responsibility of those who are involved to have adequate auto insurance in order to legally and financially protect themselves.

Insurance Is The Law

Many states may require drivers, as well as their automobiles, to be insured. This protects other drivers from unsafe and financially dangerous situations. It is often the case that if an insured person is in an accident with an uninsured driver, the insured person may end up paying most of the damages, causing their insurance to go up in price. The state in which you live in and drive in probably requires that you carry a certain amount of car insurance on your vehicles. States will also mandate what type of car insurance is required. In some states, you only need liability, while other states may require more.

Every driver should understand that in many states if you are pulled over by the authorities and have no car insurance you run the risk of having your vehicle impounded on the spot. While in other states it is illegal for the police to allow you to continue driving once they know you do not have the proper automobile insurance. In addition to having your vehicle impounded you may also be charged with heavy fees and fines by the courts.

Insurance Offers Protection

Additional, reasons why owning auto insurance is so important is for financial, medical and personal protection. Auto insurance may cover such things as bodily injury, vehicular damage, and theft. It may also be able to help with payment of medical bills, to temporarily replace income, and to assist in financially repairing or replacing damaged automobiles. Now, if a person is an uninsured driver, and they are involved in an accident, they may find themselves in a financially compromising situation.

New Jersey Crimes Eligible for Expungement

Monday, May 14th, 2012

Certain criminal convictions are eligible for an expungement in New Jersey. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement You should have your criminal record expunged because background checks are now the norm. Many employers and educational institutions place a stigma on any person who has been arrested or convicted of a crime. It can also affect your employment opportunities, professional licensing boards and college applications. An expungement of your New Jersey record will prevent an employer from accessing your criminal record and allow you to lawfully answer “no” on an employment application.

Crimes which are Eligible for Expungement

In order to have your record cleared, you must first look at whether or not you are eligible to have the criminal conviction expunged.

Convictions for the following crimes are not eligible for expungement in New Jersey:

.Criminal Homicide (exception Vehicular Homicide)

.Kidnapping

.Luring or Enticing

.Aggravated Sexual Assault

.Criminal Sexual Contact if the victim is a minor

.Criminal Restraint

.Robbery

.Endangering the Welfare of a Child (if based on sexual contact or child pornography)

.False imprisonment

.Perjury

.False Swearing

.Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute

.Motor vehicle violations, DWI or DUI.

Waiting Period for Expungements

The following information is general eligibility requirements for an expungement and the waiting periods for filing a petition for expungement in New Jersey.

TYPE OF CONVICTION AND  TIME ELAPSED SINCE CONVICTION

Indictable two or more convictions – 10 years waiting period from completion of sentence

Disorderly Persons (up to 3 disorderly) – 5 years waiting period from completion of sentence

Petty Disorderly Persons – 5 years waiting period from completion of sentence

Municipal Ordinances – 2 years waiting period from completion of sentence

Juvenile Delinquency – 5 years waiting period from completion of supervision

Possession of CDS <21 years of age – 1 year period from completion of sentence

Arrests not resulting in Convictions – Immediately

Conditional Discharges/Pretrial Invention – 6 months

Length of Time Before Expungement is Complete

The expungement motion should be scheduled for 30 to 60 days from the filing of the expungement petition. Keep in mind that each county is slightly different as far as the time it takes to get your case listed on the expungement calendar.

Information Needed to Get Started

In order for an attorney to file your New Jersey expungement petition, specific information about the offense must be obtained. Such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition. Without this information, the expungement cannot be appropriately filed or granted.

 

 

Reckless Driving

Sunday, April 15th, 2012

Reckless driving is defined as a moving violation in which a driver displays a disregard for the rules of the road. In essence, reckless drivers put themselves and others at risk, and they often involve more than one traffic violation. Reckless driving offenders are punished by fines, jail time, and/or driver’s license suspension or revocation.

Disregard for the safety of people or property is a common element in reckless driving car accidents. Reckless driving acts include, but are not limited to, the following situations:

.Causing an automobile accident

.Running red lights

.Distracted driving

.Running stop signs

.Drinking and driving

.Speeding

.Driving under the influence of drugs

.Suddenly braking

.Driving without headlights

.Tailgating

High Rate of Speeding

While speeding alone isn’t usually considered reckless driving, an extremely high rate of speed might lead an officer to charge someone with reckless driving.

Alcohol and Drugs Also Lead to Reckless Driving

Everyone that gets behind the wheel knowing that they are drunk or impaired are by definition reckless drivers. According to the courts, reckless driving and DUI offenses are separate crimes, and drivers may sometimes be charged with both crimes.

Most car accidents can be prevented by following these simple tips:

.Always wear a seatbelt

.Avoid distractions caused by passengers, cell phones, food, or loud music

.Don’t speed

.Obey all traffic signs

.And try not to drive when tired.

Not every automobile accident can be prevented, but you can control whether or not you cause a serious car crash.

The penalties for Reckless Driving in New Jersey are as follows:

.Jail of up to 2 Months (3 months for a 2nd offense)

.Fines of 50-$200. (Up to $500 for a Second Offense)

.5 Points on your Driving Record

The penalties for Careless Driving are:

.Fines

.2 Points on your Driving Record

Driving Without Insurance

Friday, December 16th, 2011

Driving without insurance varies from state to state—and so do the penalties imposed. You may have your car registration suspended as well as your driver’s license. Whether or not you did not get around to paying your insurance (or are looking for cheaper rates) and your insurance lapses, operating your car without insurance is a hazard.

If you get in an accident and you have no insurance, your assets may be at risk since you will be held responsible for the damages caused. Also, if you get caught driving without a registration the penalties are usually tougher because you could have caused an accident in which you were
not covered.

Driving in New Jersey without auto insurance or not being able to show proof of auto insurance when requested is a serious offense carrying severe penalties. According to the NJ Motor Vehicle Commission a citation for driving uninsured puts you at risk of economic loss, fines,
suspension of driver’s license or registration, community service, surcharges, and time in jail.

The New Jersey statutes state that every owner or registered owner of a motor vehicle registered or principally garaged in the state of New Jersey shall maintain motor vehicle coverage, under provisions approved by the Commissioner of Insurance.

A first time violation of driving without liability insurance includes a fine of at least $300 and up to $1000, community service, DMV surcharges of $250 for 3 years, and the loss of your license for up to one year. In addition to court costs and fees.

A second time offense comes with a fine up to $5000, a mandatory jail sentence of 14 days, 30 days community service and a license suspension for 2 years or more. State laws and statutes are always being changed and updated, so it is important to contact the courts to find out what the exact penalties are for driving uninsured.

Remember that you are breaking the law if you drive without the proper auto insurance.