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My wife got this ticket when a patrol car pulled her over.
It was the first time she was pulled over, and she has no points.
It seems like "careless driving" ticket is too severe, considering that it is hard to notice that one of the brake lights failed.
The pay by date is 5/18, and I was looking for any ideas if she can plead not guilty?
Yes as we understand those things usually will be equipment violations and as such not enter the realm of your driving records. I would make sure the ticket is written up on the statue that does not involve any points. If they insist then I would ask to change to obstructing traffic (that one has no points) or I would consider coming back with a lawyer because you're not normally supposed to get points on that.
If that's the reason for the ticket, plead not guilty. There does not appear to be a NJ law requiring the CHMSL actually work, which may be why you got a bogus careless driving ticket. 39:3-61 requires 2 rear stop lamps. And 39:3-66, the usual equipment violation statute, says "All lamps, reflectors and other illuminating devices required by this article shall be kept clean and in good working order". Since the CHMSL isn't required, it's not covered.
I'm not a lawyer and I don't know if this sort of lawyering is going to work (traffic judges hate it when defendants get uppity, unfortunately). The low-risk thing would be to get the light fixed before the court date (bring a receipt for the bulb or the repair) and ask the prosecutor to dismiss it; if he won't he'll probably amend it to 39:3-66 which carries no points.
We have fixed the centre light ( and learnt its technical name )
I have requested a court date, and we are planning to plead "not guilty".
Will keep you posted once we get the date...
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