Traffic Violations Attorney in Hackensack, New Jersey

Hundreds of thousands of drivers receive traffic citations and charges each year in New Jersey. Traffic violations tend to produce headaches more than fear of jail time—but no matter how minor, a traffic violation can be expensive and have long-term negative consequences. Not every traffic violation charge is legitimate, but many drivers choose to admit guilt, pay fines, and move on. Rather than accept the damage that may result from a traffic violation, accused drivers should consider fighting the charges with the help of an attorney.

William J. Quirk, Esq., LLC provides legal representation to clients facing a wide range of criminal charges throughout Hackensack, New Jersey, as well as Clifton, Paterson, and West New York areas. To receive a consultation to discuss legal options, accused individuals should consider how William Quirk may be able to help.

Traffic Violations

A traffic violation is when a person breaks a traffic law that pertains to a broad category of conduct. Not only do traffic violations cover speeding, but they also cover driving while intoxicated, improper turns and stops, failing to wear a seatbelt, among many other well-known traffic violations.

Moving Violation v. Non-Moving Violation

A moving violation, as the term suggests, is a traffic violation that involves a vehicle in motion. Examples of moving violations include, among others, speeding, failing to yield to another driver, running a red light, texting while driving, and driving while intoxicated.

A non-moving violation is a traffic violation that does not involve a moving vehicle, examples of which include, but are not limited to having expired registration, having an expired driver’s license, obstructed view out of the front window, and having faulty equipment on a vehicle, such as a missing or burned out tail light.

Understanding the Points System in New Jersey

The New Jersey Motor Vehicle Commission provides information to drivers about the state’s points system when it comes to traffic violations. Most traffic violations carry points that are assessed to a person’s driver’s license, which can lead to a poor driving record and increased insurance rates.

Traffic violations are assessed points based on the severity of the violation. For example, running a red light is a 2-point violation, while racing on a highway is a 5-point violation. Conduct that may risk the safety of others will always be considered more serious, resulting in a traffic violation that yields more points.

Fighting a Traffic Violation

Simply because most traffic violation cases do not go beyond the payment of fines does not mean a traffic violation is not worth fighting. In certain instances, fighting a traffic violation may be warranted. Examples of defenses, which may be raised to fight a traffic violation include, but are not limited to, the following:

• The officer’s conduct violated a defendant’s constitutional rights;

• An officer lacked evidence to issue a traffic violation;

• An officer was mistaken when issuing a traffic violation; and

• A defendant’s conduct was warranted and did not violate any traffic law.

Defenses to traffic violations will be unique to the conduct in question. An attorney can review all available facts to determine (1) whether any legal grounds exist to seek dismissal of a traffic violation, and (2) what options an accused person has to limit the damage of a traffic violation if a traffic violation cannot be dismissed.

To view the New Jersey Point Schedule, click here.