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Traffic crimes, like all others, can lead to missed work, stiff pines, lost driving privileges, increased insurance rates, and even prison time, especially for repeat offenders. If you've been charged with a traffic violation, treat it with the seriousness it deserves, and contact an experienced traffic law attorney at once.

Some commentators estimate the insurance cost of three tickets to be nearly $3,000 over five years, which far exceeds the fine imposed by the state. If you want to avoid these egregious charges, seek the counsel of a traffic law attorney at once.

About fourteen million traffic tickets are written every year. Estimates indicate that more than half of all contested speeding tickets result in dismissal, a reduced fine, or a finding otherwise in the driver's favor. An experienced traffic law attorney can advise you on whether you should take your case to court.

Sixty-eight percent of those convicted of a felony in 2000 were sentenced to incarceration, with an average term of four and one-half years. If you want to reduce the chances that you'll go to jail, you'll need to make sure that your defense strategy includes having a veteran of the criminal justice system on your team.


Frequently Asked Questions about Traffic Violations

Q: How will a traffic ticket affect my insurance rates?

A: Depending on the type of violation, the number of violations, your state's traffic laws and your insurance company's policies, a traffic violation might result in increased insurance premiums. In general, receiving only one moving violation (such as a speeding ticket or a citation for running a stoplight) in a given time frame (typically three to five years) will not result in an increased insurance premium. However, more than one moving violation or a car accident in which you were at fault in a given time frame may result in an increased insurance premium.

Q: What does is mean that a traffic violation is a strict liability offense?

A: A strict liability offense is an offense for which proof of "criminal intent" is not necessary for conviction. Stated differently, proof that a traffic violation occurred is typically sufficient to convict the violator. Thus, a driver may be fined for turning into the wrong lane even if he or she did so accidentally, parking next to fire hydrant even if he or she did not see the hydrant, or for an expired parking meter even if he or she did not intend let the meter expire.

What You Need To Know About Traffic Violations in New Jersey

A top-notch defense attorney for your traffic violation doesn't have to be expensive. Because of my experience and efficiency, I only charge a fraction of the rates you've heard elsewhere, most often in the form of a flat fee. My flexible, low rates extend to defense for all of the following:

  • Driving under Intoxication (DUI)
  • Driving while Intoxicated (DWI)
  • Driving without Insurance
  • Driving while on the Suspended List
  • Driving with a Revoked License
  • Speeding
  • Careless or Reckless Driving
  • Any other matter handled in municipal court

Sure, you could just plead guilty and accept the sentence imposed by the Court. But that sentence could carry heavy fines, assessments, license revocation and in some cases, imprisonment. You may also face insurance surcharges and points against your license that mean more money out of your pocket. (A helpful list of the point system in New Jersey is provided on this site.)

A good lawyer can help you avoid any or all of these punishments. I do this routinely and affordably for you, and I offer you a FREE initial consultation to see if I can do it for you.

What follows is information you should know if you facing traffic court. Read it carefully, and remember to contact my law office today.

David A. Semanchik
1130 Hooper Avenue
Toms River, New Jersey 08753-6789
Phone: (732)240-4055
Fax: (732)240-3011
E-mail:
info@semanchiklaw.com

Traffic Violations - An Overview

Although many traffic offenses may not carry the same stigma and penalties as other, more serious crimes, even the lower-level offenses can result in significant fines, loss of driving privileges, and increased insurance rates. And the more serious offenses, or even some less serious violations if they are part of a series of violations by the same offender, can result in imprisonment. Thus, traffic charges should not be taken lightly. An attorney can explain the possible consequences of the various violations and represent those charged with traffic offenses throughout the resolution of the matter, taking some of the mystery out of the process and increasing the chances of the least serious outcome.

Traffic Infractions or Violations

In most states, no particular criminal intent is required to convict a person of a minor traffic offense. This concept is sometimes referred to as strict liability. The only proof needed is evidence that the person charged actually committed the prohibited act. For example, if there is reliable evidence of speeding, it need not also be proven that the driver intended to exceed the speed limit; it rarely matters for liability purposes if the speeding was inadvertent or purposeful. Strict-liability traffic offenses typically include such violations as failure to use turn signals, failure to yield, turning into the wrong lane, driving a car with burned-out headlights, failure to use towbars when towing another vehicle, parking next to a yellow curb, parking in a handicap spot without the required permit, overdue parking meters, and exceeding the speed limit.

Traffic Misdemeanors and Felonies

Almost every traffic violation becomes a misdemeanor or felony if it involves injury to a person or destruction of property. A person who changes lanes without signaling and hits another car can be charged with the misdemeanor crime of reckless driving or even vehicular homicide if the lane-changer was attempting to inflict serious bodily injury and the other driver is killed. In addition, some traffic offenses are legally defined as misdemeanors or felonies, such as driving with a revoked license and leaving the scene of an accident. A person accused of these more serious traffic offenses is entitled to all criminal procedures, including the right to a court-appointed attorney and a jury trial.

Conclusion

The primary purpose of traffic-violation laws and regulations is to deter unsafe driving and to educate and reform bad drivers. Even good drivers, however, for whom safety is a priority, can be charged with a traffic violation. If you or someone you know has been charged with breaking a traffic law, a criminal defense attorney with experience in handling traffic violations can explain the procedures and possible penalties that await you, and can work with you to ensure the best possible outcome.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.


David A. Semanchik, Attorney at Law
David A. Semanchik, Attorney at Law

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