“I was in a hurry that morning, and I was supposed to be there already…and I guess I was a little over the limit…but when I looked on-line I saw that I could not only get points which will make my insurance go up; but that could also lose my license. I need my license to get to work, and to take care of my family. I live in an area of N.J. where there… read more →
What happens to your driver’s license in a New Jersey Municipal Court can take a turn for the worse when New Jersey Motor Vehicle Commission (MVC) decides to impose penalties as well. The New Jersey Motor Vehicle Commission can suspend your driver’s license for a variety of reasons. And, worse, it is not considered ‘double jeopardy’ even if the reason they suspend you for was a ticket that was downgraded to a lower offense, or… read more →
The police pulled me over for ‘no reason’, because they said my ‘view was obstructed’…but it wasn’t, and now I’m under arrest! In New Jersey, if an officer thinks a driver’s view is obstructed, that is a sufficient basis for him or her to stop you. That means if you hang something from the rear-view mirror (like an air freshener, baby shoes, a rosary, etc.) the officer is justified in stopping you. The same is… read more →
The ‘Golden Rule’ I was raised with (‘Do unto others…’) applies to interactions you have with other people, and that includes the police officers with whom you come in contact. A kind word to the police when the situation arises is a good thing. You never know when they may be circling back to help you in a moment of crisis, or interface with you on a traffic stop or other police matter. If the… read more →
Texting While Driving – TWD is the new DWI The text is better off, and so are you, if you wait to read it when you are stop at the side of the road, out of traffic. A stop at a stop sign, red light, or in traffic is NOT the same thing as being stopped at the side of the road with the car in “park.” Operation of the motor vehicle is essentially anything… read more →
In the United States, police need probable cause to stop you. Speeding, making and illegal turn, or any motor vehicle violation can get you stopped as we all know. Once stopped, asking the officers stupid questions that have obvious answers (assuming you were actually conscious and paying at least half-attention to what is going on around you) while you are operating a motor vehicle gives them an ‘articulable suspicion’ that something is not right. This quirkiness,… read more →
When charged with a crime, STOP TALKING to the police! Anything you say or do can and will be used against you to try to convict you. Protect your freedom and exercise your right not to become a witness against yourself. When you are asked by the cops ‘What happened?’ or ‘What’s your side of the story’ say I WANT TO REMAIN SILENT and I WANT A LAWYER. Trying to explain your way out of… read more →
You are driving over the speed limit. The car in front of you and behind you are clocking in at about the same speed as you, and the police pull you over. What are you guilty of? SPEEDING. The fact that others are doing what you were doing does not make it ‘legal’ for you to be driving over the speed limit too. Neither does the fact that the police pull you over and not them… read more →
The police generally need a reason to stop you, or to search you, your house…or your car. The constitutionally based ‘warrant requirement’ which protects you from an unreasonable search or seizures can be overcome by circumstances that eliminate the need for the police to find a ‘neutral and detached magistrate’ (a judge) from whom they can request a search warrant. Your actions can support an exception to the need to obtain a judicial approval for… read more →
What you say can be used against you if you are charged with a criminal offense. If you’ve been pulled over by police, and are under investigation, for example, for a traffic violation, comply with police requests politely for license and insurance card, etc. However remember this: What you think is funny when it is said on the street in front of your friends, is often not considered funny by the police, the prosecutor or the… read more →