One traffic ticket can cause an avalanche of problems for New Jersey motorists, which can necessitate hiring a lawyer to minimize the risks. Depending on the nature of the traffic ticket, a driver may be subject to paying a large fine, losing points on their driving record, and getting a criminal record. If you are a commercial truck driver, you might lose your job. A conviction may also lead to paying higher car insurance premiums for years.
A Newark traffic ticket lawyer from Rispoli & Borneo can fight the charge against you rather than you automatically pleading guilty. Even paying the ticket is an admission of guilt and will result in penalties against you. Should you already have points against you, or you later receive additional tickets, you could be at risk of losing your driver’s license. Our traffic ticket lawyer has assisted many Newark motorists who were cited with violations. With our legal representation, the following scenarios may be possible for you:
- Complete dismissal of your ticket
- A reduction of the charge against you to a lesser offense
- A verdict of not guilty at the conclusion of a trial
In addition to helping motorists who have received a ticket for a traffic violation, a Newark traffic ticket lawyer at Rispoli & Borneo represents those who are in a failure to pay or failure to appear status. In addition, our lawyer provides outstanding legal services for all of the following traffic ticket violations:
- Seatbelt violation
- Failure to yield to a pedestrian in a crosswalk
- Illegal U-turn
- Driving with expired license plate registration
- Driving without insurance
- Illegal or unsafe lane change
- Failure to stop at a stop sign, red light, or before merging onto a street from a private driveway or parking lot
- Illegal right or left turn
- Speeding, including speeding in a school or a construction zone
- Driving with a suspended or revoked driver’s license
- Failure to provide a valid driver’s license to a law enforcement officer
- Running a red light
- Reckless driving
- Leaving the scene of a motor vehicle accident
- Driving while under the influence of alcohol or narcotics
- Following too closely behind another vehicle
- Racing other vehicles while on a public roadway
- Felony hit and run
- Manslaughter driving charge
- Failure to have or present valid proof of insurance and registration
- Driving the wrong way on a divided roadway
Is a Traffic Ticket Lawyer in Newark Necessary?
The repercussions for a traffic ticket are often far-ranging and greater than what a driver may have initially anticipated. Whether or not you actually committed the driving offense, you may be paying penalties for years as a result in the form of the following:
- Higher insurance premiums
- Points on one’s driver’s license
- Hefty fines
- Driver’s license suspension
- Criminal record
- Jail time
- Loss of driving privileges
- Loss of their job for commercial drivers or individuals who must use their company vehicle to perform their job
Police Searches After a Traffic Stop
One issue that may come up if you are pulled over for a traffic violation is whether or not the police officer who stopped you can search your vehicle. An officer must have probable cause to stop your vehicle for a potential traffic violation. Probable cause is established when the officer has a reasonable belief a driver has violated the law or is involved in criminal activity. As a Newark traffic ticket lawyer can explain, that “reasonable belief” is what another officer in similar circumstances would also do.
When it comes to a vehicle search during a traffic stop, whether or not the search is constitutional falls under the Fourth Amendment. So, when can a police officer legally search your vehicle during a traffic stop?
The Fourth Amendment
The Fourth Amendment protects people from unreasonable search and seizure. It is specifically stated in the amendment that no person has to consent to or is subject to a warrantless search unless law enforcement has probable cause to do so.
When a driver is pulled over, the police officer usually asks them a few questions to determine what the driver may be up to and if they may have committed or is in the process of committing a crime. If the officer suspects this is the case, they will ask the driver if they can search the vehicle. If the driver grants permission for the search, then the officer will never have to establish probable cause for the crime. This is why a Newark traffic ticket lawyer always advises clients to never consent to any search of their vehicle.
Establishing Probable Cause
If the driver does not give an officer permission to search their vehicle, then the officer can either obtain a warrant to conduct the search or establish probable cause as a reason to conduct the search without a warrant.
In order to obtain a warrant, the officer – working with other law enforcement officials – is required to consult with a judge and provide a solid legal explanation of why they feel the search is necessary. If the judge agrees, they will sign off on the warrant and the search can be conducted.
Obtaining a warrant usually takes some time, so police will often attempt to establish probable cause in order to avoid the need for a warrant. Examples of factors an officer may cite as probable causes are seeing contraband that is in plain view in the vehicle or smelling contraband, such as marijuana.
If the officer finds something that they deem is illegal, the traffic stop, and potential traffic violation can quickly escalate to a criminal charge. Keep in mind that just because an officer thinks he or she has probable cause to conduct a vehicle search that doesn’t mean the court will agree with him. As a Newark traffic ticket lawyer can attest, there are plenty of criminal cases where the charges are dismissed because the judge rules that the officer did not have probable cause, either to stop the vehicle or to conduct the search.
Learn more about how a traffic ticket lawyer Newark clients recommend from Rispoli & Borneo, P.C. can help you fight a motor vehicle charge against you by calling us today.