pulled over in NJ...got a warning...but apparently the cop filed a ticket. what now?? (live in, cost)
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I live in New York and was in New Jersey on business. I got pulled over for speeding about two weeks ago. The officer gave me a warning (or so he said). I just got a letter in the mail telling me I missed my court date, my fine is being increased, etc.
What can I do if the guy never told me I was getting a ticket and never physically gave me a ticket? Is it my word against his? I feel like this is completely unfair and they are trying to take advantage of the situation.
Had I been given an actual ticket, I would have gladly paid the fine, etc. This isn't about whether I am guilty or not. It's about the cop lying to me, telling me I got a warning, and filing it anyways.
Does anyone have any insight on NJ law, advice, etc.?
I live in New York and was in New Jersey on business. I got pulled over for speeding about two weeks ago. The officer gave me a warning (or so he said). I just got a letter in the mail telling me I missed my court date, my fine is being increased, etc.
What can I do if the guy never told me I was getting a ticket and never physically gave me a ticket? Is it my word against his? I feel like this is completely unfair and they are trying to take advantage of the situation.
Had I been given an actual ticket, I would have gladly paid the fine, etc. This isn't about whether I am guilty or not. It's about the cop lying to me, telling me I got a warning, and filing it anyways.
Does anyone have any insight on NJ law, advice, etc.?
Thanks,
Brian
Not sure if you have to sign when the cop gives you a ticket.
If not, might as well bend over, because you're screwed.
I live in New York and was in New Jersey on business. I got pulled over for speeding about two weeks ago. The officer gave me a warning (or so he said). I just got a letter in the mail telling me I missed my court date, my fine is being increased, etc.
What can I do if the guy never told me I was getting a ticket and never physically gave me a ticket? Is it my word against his? I feel like this is completely unfair and they are trying to take advantage of the situation.
Had I been given an actual ticket, I would have gladly paid the fine, etc. This isn't about whether I am guilty or not. It's about the cop lying to me, telling me I got a warning, and filing it anyways.
Does anyone have any insight on NJ law, advice, etc.?
Thanks,
Brian
Around here the cops usually give a slip of paper as the warning. You didn't get that I take it?
Last time I got pulled over, I didn't physically get a ticket, but I received my summons/ ticket in the mail very soon after. Knowing that you lived out of state, the cop should of just physically gave you a tangible ticket. I would obviously fight this, and make it clear that you are willing to pay the original fine without any problems
Around here the cops usually give a slip of paper as the warning. You didn't get that I take it?
I was going to say the same thing. Anytime I've ever gotten pulled over and given a warning (in various states) I have always gotten a slip of paper with the violation and that I was given a warning. It goes on file so if you get pulled over again within a certain time frame you will get a ticket.
You can request to see the video/audio from the incident if there was any. Almost all cops have a recording device on them when they pull someone over. If you can get that it will surely have audio absolving you from the ticket.
I would consider fighting the whole thing since you where never handed nor mailed a summons. maybe, no guarantee's they will switch it to something a lot easier to handle, but i wouldn't trade it for one of the "unsafes" right off the bat. They offer those to everyone but they cost about $480.
I find it curious that you say two weeks. Normally when a summons is issued and depending on the violation you have the option to plead guily or not guilty. If you plead guilty you pay the set fine. If you mail the summons in and plead not guilty you are then notified by the court of your court date. In my 30 plus years of law enforcement, I have never seen such a short time span from the date of the alleged stop to a missed court date to the court notifying you. Something don't sound right. What town / city did this happen in?
nothing happens that fast. You sure you didn't get an earlier ticket that you forgot about? you are talking about a town government AND the post office
when you get a warning, there's usually no ticket, and no, you never have to sign any tickets.
Best thing for you to do, is to write a letter telling them that you were given a warning. basically what you posted here, write it politely and ask them what your next step is.
Except for the GSP or TP, there is not such thing as a written warning. The statute of limitations for most Title 39 offenses is thirty days. Summons can be issued within that time frame and mailed.
As you got the notice, your address is obviously correct. The notice should have the court of jurisdiction on it along with the statute number. I would call and check if the date and time is the same. As stated, two weeks is a bit soon to get a Failure to Appear notice inter state even with the computerization of the mv summons database. A summons issued two weeks ago would not have the court date listed before a week or longer period. For the system to generate a out of state notice and have it arrive two weeks after the violation date is almost impossible.
Were you asked any questions that turned out to not be truthful such as "had you ever received a speeding summons before?" which when later checked was found not to be factual?
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