New Jersey Speeding and Reckless Driving Case
I appeared in Municipal Court this morning on behalf of a client. He was charged with Speeding under N.J.S.A. 39:4-98 and Reckless Driving under N.J.S.A. 39:4-96. He was paced by the New Jersey State Police going 110 m.p.h. in a 65 m.p.h. zone. He is a resident of Virginia and has a Virginia driver's license and was only in New Jersey visiting friends.
As you can see, this is a difficult case because he was traveling at an extremely high rate of speed. Further, there are no issues with regard to radar detection and the like because he was paced by the law enforcement officer. Thus, it is essentially the police officer's word against my client if we take this case to trial. Needless to say, I went to court looking for a plea and a positive resolution for my client. My client is actually moving back to Korea within the next month. Therefore, even if they suspend his license, which most judges require if you are traveling at a speed of 90 m.p.h. or faster, it will not have an impact on his life because he will be out of the country. My client's greatest concern was staying out of jail because penalties for reckless driving can include up to sixty (60) days in prison. Further, my client was looking at five (5) points for the speeding ticket (because he was going 30+ m.p.h. over the legal limit) and five (5) points for the reckless driving ticket. These ten (10) points on his license would have significant financial implications in terms of fines and insurance surcharges and his license could also be suspended once twelve (12) points or more are accumulated.
I was able to work out a favorable deal for my client. He is able to keep his license for the next month while he prepares to move back to Korea. Then, I will enter a plea by affidavit on his behalf in a month or so and he will plead guilty to the speeding ticket and the reckless driving ticket will be dismissed. Thus, he does not have to appear in court as he lives in Virginia and he may actually be in Korea by the time the plea is entered. He merely signs an affidavit stating that he understands the charges and wishes to plead guilty to the speeding ticket charge with the understanding that the reckless driving charge will be dismissed. He sends the Court a check for the fines and court costs and the matter is resolved. This was a great success as the client was able to keep his license for the next month while he arranges his move to Korea and I was also able to keep him out of jail.
