Ticket for weaving in NJ. Plea Bargain ???

[Zombie]

Hi. I got a ticket for weaving a few weeks ago, in NJ on 287. I don't think I was actually weaving. I was doing 67 in a 55, and the cop pointed that out, but spared me that ticket. Also, he said I did not have the proper registration in my truck (company truck), and let me go on that also. So all I got was the ticket for weaving. statute 39:4-88B.

The ticket says to go online to a website and enter the ticket number to get the fine. But the website always says the ticket is not found, and to call the municipal courthouse. Called the courthouse, and the clerk who answered said it is an $85 fine and 2 points. Also said I can plead not guilty, and pay $200 instead of $85, and get it reduced to something with no points, like seatbelt, or obstrucing traffic, by talking to the prosecuting attorney before the hearing.

I plan on paying the $200 and avoiding the points. I didn't ask her about the DAC report.

Anyone actually go through this process? Is it that simple? Show up at hearing, pay extra money, walk away with no points? What about the DAC? Does the DAC get anything on it?

Thanks

[CDL holder]

Zombie, it should work as described. You should be able to get it to something with no points.

When commercial drivers are considering their options when they get a ticket, they now have to worry about more than just the point system. Your state may be similar to Ohio and you should keep this in mind:

From Ohio Traffic Lawyer | Columbus Traffic Lawyer --

"Truck drivers holding a commercial driver's license (CDL) can face stiffer penalties for Ohio traffic tickets, leading to quicker suspension or revocation of their license. For example, it is considered a serious traffic violation for a truck driver with a CDL to receive a speeding ticket for 15 miles per hour over the speed limit. In certain instances, a second serious traffic violation will lead to automatic suspension of the commercial driver's license (CDL).

Truckers should take care to protect their driving record. There are numerous reasons for Commercial Driver's License (CDL) Suspension in Ohio. Taking action on even a first ticket may help save the CDL in the future.

Under Ohio law, certain traffic offenses committed by commercial drivers are classified as serious traffic violations. The significance of this designation can have an impact on a CDL drivers insurance, employability, and license. If a CDL driver is convicted of 2 or more serious traffic violations in a 3 year period, their license may be automatically suspended for either 60 or 120 days. While they may be able to obtain permission to drive a personal vehicle during this suspension, they are disqualified from driving a commercial motor vehicle.

Ohio Law defines the following as serious traffic violations:

In a commercial motor vehicle:

Driving without a valid CDL license
Driving without your CDL license with you
Residing in Ohio longer than 30 days and driving with an out-of-state CDL
Obtaining a CDL License without surrendering all previous licenses
In any motor vehicle:

Speeding in excess of the speed limit by 15 or more miles per hour
Reckless operation on public or private property
Violation of a traffic law that involves a fatal accident
Failing to drive within marked lanes
Failing to maintain a safe distance behind another vehicle (following too closely)
Any other violation that the United States Secretary of Transportation designates by rule



Short Suspensions

24 hours for driving a CMV with a detectable amount of alcohol in the persons system
60 days for 2 serious traffic violations in 3 years
120 days for 3 serious traffic violations in 3 years
One year suspensions of CDL License

1st conviction for BAC of .04 or higher in a CMV
1st conviction for driving under influence of controlled substance in any motor vehicle
1st conviction for use of a motor vehicle to commit a felony
1st conviction for failing to submit to breath, blood, or urine test
1st conviction for operating a CMV with suspended CDL
1st conviction for causing a fatality through negligent operation of a CMV.
1st DUI conviction
1st conviction for failing to stop after accident
Life suspensions of CDL License

2nd conviction for BAC of .04 or higher in a CMV
2nd conviction for driving under influence of controlled substance in any motor vehicle
2nd conviction for use of a motor vehicle to commit a felony
2nd conviction for failing to submit to breath, blood, or urine test
2nd conviction for operating a CMV with suspended CDL
2nd conviction for causing a fatality through negligent operation of a CMV.
2nd DUI conviction
2nd conviction for failing to stop after accident
1st conviction for use of a motor vehicle to commit a felony involving the manufacture, distribution, or dispensing of controlled substances
Violation of Railroad Crossing statutes

1st offense - not less than 60 days
2nd offense - not less than 120 days
3rd or subsequent offense - not less than 1 year
Violation of Out-of-Service Orders

1st Violation - 90 days
2nd Violation in 10 years - 1 year
3rd or subsequent violation in 10 years - 3 years"


The one that really gets me is failing to drive in marked lanes in your personal vehicle. That used to be a throw away ticket that a cop might write to establish probable cause. It's just your word against the cop's and we all know how easy it is to get out of your lane anyway.

Zombie, I don't think your ticket will mean anything but points and you can probably get it reduced to no points and just pay it.

[CDL holder]

I forgot to address your question about DAC. Someone may know better than I, but to my knowledge DAC is a private enterprise and doesn't get traffic convictions sent to them by government. The DAC record is comprised of information sent to them by employers. Anyone know any different?

Here is DAC's web site Untitled Page

[shoeman]

Originally Posted by CDL holder

I forgot to address your question about DAC. Someone may know better than I, but to my knowledge DAC is a private enterprise and doesn't get traffic convictions sent to them by government. The DAC record is comprised of information sent to them by employers. Anyone know any different?

Here is DAC's web site Untitled Page

Thats what I thought too! Not saying I'm right though.

[Zombie]

CDL Holder and Shoeman, thanks.

Update : Every time I call the Municipal Court, I get a different person answering, and the fine goes up. Now it is $200 for the 2 points, $35 court costs, and $250 for a surcharge for the NJ DMV (what a ripoff, eh??). Total = $485. Unbelievable.

[CDL holder]

I looked up NJ traffic law and the violation you are charged with is considered a serious offense. See this table: http://www.state.nj.us/mvc/pdf/Violations/cdl_chart.pdf

If you plead to this then that means that your next conviction for anything in the serious column will result in a 60 day suspension of your CDL.

If I were you I would try to get this reduced or something. That cop would have been doing you a favor to write you for the speed instead of the lanes violation. Like I said in my earlier post, lanes violation used to be a throw away ticket. The cop probably thought he was doing you a favor by not putting a speed on your record or something but he's setting you up for the big kill.

When I answered you before it totally went over my head that your ticket is in the serious category. You should probably go through an attorney. He/she can probably get you something that isn't threatening your livelihood at strike two, and they can negotiate the fines down.