Speeding Ticket Defense

It is no defense to argue unlawful arrest, selective enforcement, custom and usage, non-ownership of car driven, ignorance or mistake of law, lack of precise speed proved, defective speedometer or cruise control. More info at http://www.njlaws.com/speeding_and_radar.htm
Proper preparation and failure to provide discovery may help keep your client’s driver’s license.
Proper preparation may help keep your client’s driver’s license
By Kenneth A. Vercammen
  While plea bargains now are the norm, occasionally a client may need to win a speeding ticket trial to avoid loss of job or license. Some companies could have a policy that discharges an employee who receives a moving violation while on the job. Remember, even no point tickets such as unsafe driving are still moving violations. If someone is on probation with Motor vehicles, even a downgrade to an unsafe driving  “no point ticket” is still a moving violation would probably would result in a MVC suspension. ( please rewrite this sentence). A prosecutor or judge may threaten a license suspension if found guilty. Therefore, sometimes we need to go to court to win the trial of a speeding ticket, or negotiate for an outright dismissal.
 It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.
 Defense counsel should make a written demand for discovery, and follow up with a motion to dismiss for failure to provide discovery. If no discovery provided and the trooper fails to show up, the state may not object to a motion to dismiss.


KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Avenue, Edison NJ 08817
732-572-0500