DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT
Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your drivers license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Affidavit Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
The following are tickets we have handled without our clients having to appear because they were not available. Our attorneys can appear on your behalf without you having to go to court on the following matters: Violation Points 27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
39:3-29 Operating Constructor vehicle in excess of 30 mph 3
39:4-14.3 Operating motorized bicycle on restricted highway 2
39:4-14.3d More than 1 person on a motorized bicycle. 2
39:4-35 Failure to yield to pedestrian in crosswalk. 2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
39:4-41 Driving through safety zone. 2
39:4-52 Racing on Highway 5
39:4-55 Improper action or omission on grades and curves 2
39:4-57 Failure to observe directions of officer. 2
39:4-66 Failure to stop before crossing sidewalk 2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
39:4-71 Improper driving on sidewalk 2
39:4-80 Failure to obey direction of officer 2
39:4-81 Failure to observe traffic signal 2
39:4-82 Failure to keep right 2
39:4-82.1 Improper operating of vehicle on divided highway or divider 2
39:4-83 Failure to keep right at intersection 2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
39:4-85 Improper passing on right or off roadway 4
39:4-85.1 Wrong way on one-way street 2
39:4-86 Improper passing, in "No Passing" zone 4
39:4-87 Failure to yield to overtake vehicle 2
39:4-88 Failure to observe traffic lanes 2
39:4-89 Tailgating 5
39:4-90 Failure to yield at intersection 2
39:4-90.1 Failure to use proper entrances to limited access highway 2
39:4-91, Failure to yield to emergency vehicle 2
39:4-96 Reckless driving 5
39:4-97 Careless driving 2
39:4-97a Destruction of agricultural or recreational property 2
39:4-97.1 Slow speed blocking traffic 2
39:4-98 or Speeding up to 14mph above limit 2
39:4-99 Speeding 15-29 mph above limit 4
Speeding 30 mph or more above limit 5
39:4-105 Failure to stop at traffic light 2
39:4-115 Improper turn at traffic light 3
39:4-119 Failure to stop at flashing red signal 2
39:4-122 Failure to stop for police whistle 2
39:4-123 Improper right or left turn 3
39:4-124 Improper turn: from approved turning course 3
39:4-125 Improper u-turn 3
39:4-126 Failure to give proper signal 2
39:4-127 Improper backing or turn in street 2
39:4-127.1 Improper crossing of railroad grade crossing 2
39:4-127.2 Improper crossing of bridge 2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
39:4-128.1 Improper passing of school bus 5
39:4-128.4 Improper passing of frozen dessert truck 4
39:4-129 Leaving scene of accident- No injuries 2
39:4-129 Personal Injury 8
39:4-144 Failure to observe of stop or yield signs 2
Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author "Municipal Court Winning Strategies."
Upon request, we provide all potential clients with :
1. Our Written Agreement to Provide Municipal Court Legal Services 2. Municipal Court Information Sheet
We request all potential clients fill out the Municipal Court Information Sheet and return to our office immediately. You also need to fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Visa, Master Charge or American Express over the phone and by fax. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation to the Court, Prosecutor and you. We recommend our clients meet with us once prior to the court date.
After we are retained [paid], we will draft the Defense by Affidavit for our client. The Affidavit will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendant's Address
In our detailed Court Affidavit, the client will need to indicate to the court the following: "It would be an undue hardship for me to appear in person for trial. I understand my right to a reasonable postponement and waive my right to be present at the trial. I understand that if I plead NOT GUILTY, the judge will hear the testimony of the complainant or other witnesses. If I plead GUILTY, the judge may hear such testimony. I agree to abide by the judgment of the court. I understand that if convicted, for other than a parking offense, a record of same will be sent to the Division of Motor Vehicles which issued my license."
Our client authorizes us to enter a plea to a lower point violation. Our Law Office will prepare the Defense by Affidavit and mail it to our client.
Our clients must read the Defense by Affidavit carefully. If you need to make any changes, make the changes in ink on the form directly. You must immediately sign in front of a notary and return it to our office. If the hearing date is less than 10 days away, we recommend you send the signed Affidavit by Federal Express or UPS.
CALL THE COURT AFTER THE HEARING DATE
On the day of the court session or next morning, you should call the court directly to determine the specific reduced charge and the total fine and cost. You should also ask the court who your check should be made payable to and the address for mailing. Do not call our office since we do not have complete details on fines and addresses. You must pay the complete fines within 5 days. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC.
Representation/ What We will do for you in Defense by Affidavit Case. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors.
1. Telephone consultation with client; 2. Office consultation with client, if requested; 3. Offer sound legal advice to client, plus access to our legal info website www.njlaws.com 4. Preparation of letter of representation to Municipal Court; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file. If client comes to our office, they may have a free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Draft Defense by Affidavit Pleading 11. Mail or fax Defense by Affidavit Pleading to client 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service.
Other Legal Services Available. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Additional services or work must be paid for. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after the decision of the trial court; (b) Appeal any decisions of the trial court or make additional appearances after appearing in Court; (c) provide other legal services or advice not set forth above; or (d) Represent you in any other court or Tribunal
Your Responsibility- Please read carefully and follow instructions to help us help you
1. You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. This includes providing details on what you told the police and court. 2 You must notify the court and the law office immediately if your address or phone numbers change. 3 Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid. All fees and requirements under this written retainer agreement and any other written documents must be complied with. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Firm will also withdraw at your request. You must advise our office and the Court in writing. 4 Pay your fines immediately. 5. If you call, you must provide your questions to our receptionist