It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:
" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.
The prosecution will have to prove each element of the infraction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A New Jersey Motion to Dismiss Traffic Citation is a legal action taken by a defendant in a traffic violation case to request the dismissal of the charges against them. This motion asserts that there are grounds to dismiss the citation due to various legal reasons, such as lack of evidence, improper procedure, or a violation of the defendant's rights. Traffic citations in New Jersey can include a variety of offenses, such as speeding, reckless driving, running red lights, or driving under the influence. However, it's important to note that specific types of motions to dismiss traffic citations may vary depending on the particular violation and circumstances of the case. Some common types of New Jersey Motion to Dismiss Traffic Citation include: 1. Lack of probable cause: This motion argues that there was no valid reason for law enforcement to initiate the traffic stop, suggesting that the citation should be dismissed due to insufficient evidence. 2. Defective citation: The motion asserts that the citation itself is defective or improperly completed, rendering it invalid and thus requesting its dismissal. 3. Violation of the driver's rights: In cases where a driver's constitutional rights were violated during the traffic stop or subsequent investigation, this motion argues that the evidence obtained should be suppressed and the citation dismissed as a result. 4. Inaccurate or incomplete information: This motion claims that the information contained in the citation, such as date, time, location, or description of the offense, is incorrect or missing vital details. It argues that such errors or omissions compromise the validity of the citation, warranting dismissal. 5. Entrapment: In some instances, a defendant may argue that law enforcement induced or encouraged them to commit the traffic violation, effectively setting a trap. The motion alleges entrapment, requesting that the citation be dismissed on those grounds. It's essential to consult with a knowledgeable attorney when considering filing a New Jersey Motion to Dismiss Traffic Citation, as the specific requirements and procedures can vary. They will assess the circumstances of the case and determine the most appropriate grounds for dismissal to provide the best chance of a successful outcome.
