Driving While Suspended Dismissed
Old Bridge NJ Driving While Revoked Attorney
A ticket for driving while suspended has the possibility of getting very nasty with up to a 6 month loss of license, mandatory jail time for subsequent offenses and surcharges that can last for years. This is why many defendants opt to hire a driving while suspended lawyer to handle their case and try to avoid these penalties. In a recent case, we defended a client against a driving while suspended charge in Middlesex County, New Jersey. Now normally the plan of defense would be to try and downgrade or amended to another motor vehicle violation that does not carry jail or suspension. However, this case was a little bit more complicated because not only did the client have other driving while suspended tickets but he also claimed this ticket was issued in error and must be a case of mistaken identity since he doesn’t drive and wasn’t pulled over. Based on the circumstances, the client was adamant that he would not accept any resolution other than a complete dismissal – and I couldn’t blame him.
Defending a Driving While Suspended Case in New Jersey
Upon reviewing the tickets, it became evident that the police officer actually wrote a short summary of the events that took place that day. The information provided that while the officer was running stationary radar on Route 35 he observed a vehicle travelling at a high rate of speed in the left lane travelling south. The radar gun confirmed the speed was 64 mph in a 40 mph zone. The police officer then followed the vehicle onto Lawrence Parkway and pulled them over for the speeding violation. When the officer asked the driver for his drivers license, registration and insurance he said he did not have any of it on him. After questioning the driver further about his identity, the police officer noted that he provided him with a fake name. When confronted by this, the driver gave our client’s name and without any further vetting, the tickets were penned out in our client’s name and he was mailed a notice to appear in court. After reviewing the vehicle information on the tickets it also became clear that the vehicle the suspect was driving was not owned by our client either. These facts seemed to back up our client’s story and we argued these inconsistencies regarding the real identification of the driver to the prosecutor and judge during a motion to dismiss. And after hearing from both the prosecutor and our defense attorney, the judge dismissed all the tickets against our client and he was able to walk out of court without having to pay a dollar in fines or court costs.
State v. J.W. decided May 23, 208