Receiving a traffic ticket for speeding or careless driving in Union, New Jersey, might seem like a minor inconvenience. However, simply paying the fine can lead to points on your driving record, increased insurance premiums, significant surcharges, and even potential license suspension down the road. Understanding the charges, penalties, and your defense options is crucial.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney has experience in Union Municipal Court, and provides skilled defense against traffic violations. This page offers insights into handling speeding and careless driving tickets issued in Union, NJ.   

Understanding Common Union, NJ Traffic Violations

Two of the most frequent traffic tickets issued by Union Township police are:

• Speeding (N.J.S.A. 39:4-98): This statute prohibits driving faster than the posted speed limit or faster than is reasonable and prudent under the existing conditions. Penalties increase based on how many miles per hour you exceeded the limit.
• Careless Driving (N.J.S.A. 39:4-97): This violation involves operating a vehicle “without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property.” Unlike reckless driving, careless driving does not require proving intent, only that the driving lacked appropriate caution. Examples include distracted driving, unsafe lane changes, following too closely, or driving too fast for conditions.   
  
   

Potential Penalties for Traffic Tickets in New Jersey

A conviction for speeding or careless driving in Union, NJ, carries several potential penalties handled by the NJ Motor Vehicle Commission (MVC) and the courts:

• Fines & Court Costs:
  
  • Speeding: Fines start around $85 and increase significantly based on speed over the limit (e.g., $200+ for 20-24 mph over). Fines are doubled in designated 65 mph zones, construction zones, and Safe Corridors.   
  • Careless Driving: Fines typically range from $50 to $200, plus mandatory court costs (usually around $33).   
• Motor Vehicle Points: Points are added to your driving record for moving violations:
  
  • Speeding: 2 points (1-14 mph over), 4 points (15-29 mph over), 5 points (30+ mph over).
  • Careless Driving: 2 points.
• Insurance Increases: Accumulating points almost always leads to higher auto insurance premiums, often costing far more than the initial fine over time. Insurance companies view these violations as indicators of increased risk.
• MVC Surcharges: Accumulating six or more points within three years results in annual MVC surcharges ($150 for 6 points, plus $25 for each additional point) for three years.
• License Suspension: While a single minor ticket usually won’t cause suspension, accumulating 12 or more points triggers an administrative license suspension by the MVC. A judge also has the discretion to suspend your license for certain high-speed violations.

Common Defenses Against Speeding & Careless Driving Tickets in NJ

Even if you received a ticket, defenses may exist. An experienced attorney like Brett M. Rosen can evaluate the specifics of your stop in Union Township and explore potential defenses, such as:

• Challenging the Evidence (Speeding):
  
  • Questioning the calibration, maintenance, and proper use of radar or lidar devices.
  • Challenging the officer’s visual speed estimation or ability to accurately “pace” your vehicle.
  • Mistake regarding the posted speed limit.
• Challenging the Evidence (Careless Driving):
  
  • Arguing the driving did not actually endanger or was not likely to endanger persons or property.
  • Contesting the officer’s subjective judgment of what constitutes “careless” driving.
  • Lack of sufficient evidence to prove the violation beyond a reasonable doubt.
• Justifiable Conduct:
  
  • Necessity or emergency situation (e.g., avoiding an accident, reacting to a sudden road hazard, medical emergency).
  • Driving reasonably based on adverse weather or road conditions.
• Negotiating a Plea Bargain: In many cases, it’s possible to negotiate with the Union Township prosecutor to amend the ticket to a violation with fewer or no points, such as Unsafe Operation (N.J.S.A. 39:4-97.2). While this carries a higher fine (typically around $250 plus court costs and a $250 state surcharge), it assesses zero points for a first or second offense within five years, often saving significant money on insurance premiums and MVC surcharges.

How Brett M. Rosen, Esq. Can Defend You in Union Municipal Court

Navigating the Union Municipal Court system (located at 981 Caldwell Ave, Union, NJ 07083) can be daunting. Having Brett M. Rosen, Esq. represent you provides distinct advantages:

• Local Knowledge: Familiarity with Union Township court procedures, prosecutors, and judges.
• Evidence Review: Obtaining and carefully analyzing the discovery (police reports, videos, calibration records) in your case.
• Identifying Defenses: Spotting weaknesses in the prosecution’s case or viable legal defenses.
• Skilled Negotiation: Effectively negotiating with the prosecutor to achieve dismissals, downgrades to no-point tickets (like Unsafe Operation), or other favorable resolutions.   
• Court Representation: Appearing in court on your behalf, saving you time and stress.
• Protecting Your Record: Working diligently to minimize points, fines, and the long-term impact on your driving privileges and insurance costs.

Frequently Asked Questions (FAQs) – Union Traffic Tickets

Q: Should I just pay my Union speeding or careless driving ticket? A: Paying the ticket is an admission of guilt. While it might seem easier, it guarantees fines, points (for moving violations), and likely insurance increases. Consulting an attorney is recommended to understand your options and potential long-term costs.

Q: How many points is a speeding ticket in NJ? How many for careless driving? A: Speeding is 2, 4, or 5 points depending on mph over the limit. Careless driving is 2 points.

Q: Can I lose my license from a traffic ticket in Union? A: Yes. Accumulating 12 or more points results in MVC suspension. A judge can also suspend your license for certain offenses, like excessive speeding (e.g., 30+ mph over).

Q: How long do points stay on my NJ driving record? A: Points remain on your record indefinitely for calculation purposes, but the MVC may subtract 3 points for every 12 consecutive months you go without a violation or suspension.

Q: Is it worth hiring a lawyer for a traffic ticket in Union? A: Often, yes. An attorney can often negotiate a reduction to a no-point violation, saving you significant money on insurance increases and MVC surcharges, potentially offsetting the legal fee. They handle the court process and work to protect your driving record.

Q: What happens if I miss my court date at the Union Municipal Court (981 Caldwell Ave)? A: Failure to appear can result in a warrant being issued for your arrest and/or suspension of your driving privileges. Contact the court or an attorney immediately if you miss a date.   

Q: Can my ticket be amended to a no-point violation? A: Often, yes. An experienced attorney can negotiate with the Union Township prosecutor to potentially amend speeding or careless driving tickets to a 0-point violation like Unsafe Operation (N.J.S.A. 39:4-97.2), especially for drivers with good records.

Protect Your Driving Record in Union, NJ

Don’t underestimate the impact of a speeding or careless driving ticket. Protect your driving privileges, avoid points, and minimize insurance increases by seeking experienced legal representation.

Contact Brett M. Rosen, Esq. today for a consultation regarding your Union, NJ traffic ticket. 908-312-0368

Disclaimer: This webpage contains general information for informational purposes only and does not constitute legal advice. The information provided is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Attorney Advertising. Brett M. Rosen, Esq. is licensed to practice law in New Jersey and New York. Past performance or outcomes in any case do not guarantee a similar outcome in future cases. If you have received a traffic ticket, you should seek consultation with a qualified attorney in your jurisdiction.