Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Tuesday, November 4, 2014

39:4-1 Traffic Violations 4 Points or Less


Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
TRAFFIC REPRESENTATION AND NO POINTS
TRAFFIC VIOLATIONS 4 POINTS OR LESS N.J.S.A. 39:4-1-   WE GO TO COURT TO TRY TO NEGOTIATE FOR   NEW "NO POINT" TICKET
 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 or in court for almost all traffic tickets, you will have to pay fines in court and 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.
         Under the New Jersey Court Rules, a New Jersey  Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.
 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.
ViolationPoints
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway2
39:3-29 Operating Constructor vehicle in excess of 30 mph3
39:4-14.3 Operating motorized bicycle on restricted highway2
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 crosswalk2
39:4-41 Driving through safety zone.2
39:4-52 Racing on Highway5
39:4-55 Improper action or omission on grades and curves2
39:4-57 Failure to observe directions of officer.2
39:4-66 Failure to stop before crossing sidewalk2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign2
39:4-71       Improper driving on sidewalk2
39:4-81       Failure to observe traffic signal2
39:4-82      Failure to keep right2
39:4-83       Failure to keep right at intersection2
39:4-84      Failure to pass right of vehicle proceeding in opposite direction5
39:4-85       Improper passing on right or off roadway  or shoulder4
39:4-85.1   Wrong way on one-way street2
39:4-86      Improper passing, in "No Passing" zone4
39:4-87      Failure to yield to overtake vehicle2
39:4-88      Failure to observe traffic lanes2
39:4-89       Tailgating5
39:4-90 Failure to yield at intersection2
39:4-90.1 Failure to use proper entrances to limited access highway2
39:4-91, Failure to yield to emergency vehicle2
39:4-96       Reckless driving5
39:4-97       Careless driving2
39:4-98 or   Speeding up to 14 mph above limit2
39:4-99       Speeding 15-29 mph above limit 4
39:4-99       Speeding 30 mph or more above limit5
39:4-105    Failure to stop at traffic light2
39:4-115    Improper turn at traffic light3
39:4-123    Improper right or left turn3
39:4-124    Improper turn: from approved turning course3
39:4-125    Improper u-turn3
39:4-126    Failure to give proper signal2
39:4-127     Improper backing or turn in street2
39:4-128.1 Improper passing of school bus5
39:4-128.4 Improper passing of frozen dessert truck4
39:4-129    Leaving scene of accident - No injuries2
39:4-144    Failure to observe stop or yield signs2
39:5D-4 Moving violation out-of-state2
  Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters.  Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author "Municipal Court Winning Strategies."
The new no point statute reads as follows: Driving, operating a motor vehicle in an unsafe manner, offense created; fines. Law   L.2000, c.75, s.1.
     1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.
     b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).
     c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).
     d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5). THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.
     e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.    L.2000,  c.75, s.1.
     The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.
   Representation/ What We will do for you.  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
11. Determine defense and mitigating factors;
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 Workers 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.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

No comments: