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They only count the violations that you plead or are found guilty of. As was already said, it also doesn't matter what the status of the "points" on your license are, it just matters how many points in total violations you earned in the past three years.
The best option for brady in this situation, IMO, is to plead not guilty and go to court. When you show up you will have the opportunity to speak to the prosecutor about your case, basically they are there to make money for the town and not actually have a trial. You will be generally offered the opportunity to plead guilty to "unsafe operation". This carries a decently stiff fine and a surcharge on top of that fine if the violation is plead in lieu of a points violation, you will also have to pay a court fee. You need to research it and do the math as this may end up costing more then simply pleading guilty and paying the surcharge.
If you are really good you might get the prosecutor to agree to a cell phone or seatbelt violation. In both cases you will pay a fine and court costs, but the fine is less than a $100 and court fees are usually $35. There is no surcharge and no points. They usually won't offer this upfront, but you might be able to make a pretty good case considering the situation, it might help to cry a little, lol. If you can get this, it is a slam dunk versus taking the points and having to pay the surcharge.
They only count the violations that you plead or are found guilty of. As was already said, it also doesn't matter what the status of the "points" on your license are, it just matters how many points in total violations you earned in the past three years.
The best option for brady in this situation, IMO, is to plead not guilty and go to court. When you show up you will have the opportunity to speak to the prosecutor about your case, basically they are there to make money for the town and not actually have a trial. You will be generally offered the opportunity to plead guilty to "unsafe operation". This carries a decently stiff fine and a surcharge on top of that fine if the violation is plead in lieu of a points violation, you will also have to pay a court fee. You need to research it and do the math as this may end up costing more then simply pleading guilty and paying the surcharge.
If you are really good you might get the prosecutor to agree to a cell phone or seatbelt violation. In both cases you will pay a fine and court costs, but the fine is less than a $100 and court fees are usually $35. There is no surcharge and no points. They usually won't offer this upfront, but you might be able to make a pretty good case considering the situation, it might help to cry a little, lol. If you can get this, it is a slam dunk versus taking the points and having to pay the surcharge.
yeah. i don't like the idea of doing it, because i view it as NJ's legalized version of bribery. I'd much rather just pay the fine and move on, except the insaneness of it being 4 points and costing me $150 surcharge for 2 years, and then me needing to basically be clean for the next 3 years (which is entirely possible, given that these 2 tickets are basically all i've gotten in 13 years). so, i'll have to play the game and go to court. i can't fake cry though. but we'll see.
Cell phone, seat belt, obstructing traffic, any of those should be non-pointers but not very easily handed out.
so the prosecutor offered me failure to maintain lane, which was 2 points, $150. i took that. he balked at the cell phone/seat belt suggestion. 2 points no big deal. i just can't get 2 more points in the next 20 months, which really shouldn't be a problem. i'd rather pay $150 then the $400 the "unsafe driving" offense carried, just to get out of points. my insurance won't go up by much anyways, so paying $400 wouldn't be worth it.
thanks everyone for your help. and never try to get into the exit lane early, even if you can see it! lol
I got to plead to an "unsafe operation" charge instead of improper passing. No points instead of 4 points. But it cost me $400+ dollars instead of $81.
I got to plead to an "unsafe operation" charge instead of improper passing. No points instead of 4 points. But it cost me $400+ dollars instead of $81.
yeah, i took $155 and 2 points instead of the $430 and no points. defensive driving course for $35 with AAA will wipe the 2 points off, and no changes to insurance. i just have to ensure i get no other points to avoid that NJ surchage B.S.
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