Can I demand a plea by mail?

[JeffSaks]

I was pulled over in Wall Township, NJ for speeding 85 in a 65.
I was given a 3 tickets for the speeding (reckless,careless, and speed as required by NJ for 20 over). I was also given a ticket for not having my insurance card on me, and for driving with a suspended out of state license.

Now I've gotten tickets before in NJ, and they've always allowed me to do a plea-by-mail to fight the case.

This court is refusing to let me do a plea by mail, even though I go to school and live 500 miles away.

Do I have any legal right to demand that they allow me to plea by mail?

 

[jharris352]

The tickets you have this time are pretty serious. You are lucky you aren't in jail waiting for trial. I would cooperate and stop flouting the law by driving on a suspended license and likely without any insurance! Be happy you aren't in jail already.

 

[JeffSaks]

Reply to JHarris352

Dear JHarris352,

I was asking for legal advice, not moral counseling.
If you must know, my license was NOT suspended at the time,
but since I was out of state, they had to go by what their NJ system showed,
not what the Ohio BMV had to say over the phone.

So again, I ask for your legal advice.

Thank You

 

[jharris352]

It's still my advice to treat it seriously instead of like a minor annoyance to your schedule. As we say around here often, when you ask for FREE ADVICE you get the advice we want to give. So if that is moral advice you just get to live with it. Stop whining and go take care of your ticket.

Thank you.

 

[JeffSaks]

Reply to JHarris352

I appreciate your concern. I will definitely treat this matter as a serious one.
I did do as suggested, got permission to leave school, flew 500 miles to NJ for my court date, only to be told once I got there that they were postponing the court date to a later day. Besides the time it involved, it cost me money which I don't have for a flight which was a waste! As I did show to court, I am AGAIN asking if I have the right to demand that this is "undue hardship" and that I should be able to plea by mail.

And whether I'm whining or not, if it's my legal right, then I'll whine till the sun don't shine.

Thanks.

 

[jharris352]

I must admit that I do not know. I'm sorry it is such a drain on your time. Call the clerk of court where you went to court and ask them if the remedy you seek is available.

JH

 

[mightymoose]

Your tickets are not simple infractions. You have misdemeanor offenses which require your appearance in court. You will most certainly have warrants issued if you fail to show.

No, you do not have a legal right to demand a plea by mail. The citation you signed was your promise to appear in court, not to mail a letter.