Tama Vail Baran On How To Fight A Speeding Ticket On Your Own

Even the best drivers receive speeding tickets on occasion. The truth is, you can try to fight it even if the speed is extremely high (105 mph in a 65 mph zone, for example). Here are some steps to follow on your own if you would like to try to fight the ticket without the added expense of an attorney. However, don’t try to fight it on your own if you are facing consequences of magnitude related to your ticket (suspension of your driving privileges, excessive fines or jail time).

First, let the Court know you plead not guilty; follow the exact steps on the ticket. Make sure this is done timely. Even if you do intend to hire an attorney, you can follow this step in advance so that you know that the Court knows that your intention is to plead not guilty to the ticket.

Second, request “discovery” from the state. This is what any attorney would do on your behalf. A simple letter will suffice. You would like a copy of any materials the State intends to use against you in the event you have to go to trial. If you don’t know or can’t tell from your ticket if the officer paced you, or used radar or laser, request records for all three. You must request any and all evidence that the speedometer in the vehicle had been tested the date of the incident, both before and after you received your ticket, in the event the officer paced you; the radar records, to include radar certifications, tuning fork certifications and certificates of accuracy for both, along with the officer’s proof of qualification to utilize the radar equipment; and as for the laser equipment discovery, you must request the officer’s proof of qualification to operate the laser equipment along with proof the equipment was functioning properly on the date of the incident. You should also be prepared to know the distance the laser was operated from along with the weather conditions, as clear and sunny weather is required for proper functioning. This means that you would like a complete copy of any and all other records the State intends to rely upon in its case against you. A simple letter requesting these items may be emailed and also sent regular mail, and Certified Mail, Return Receipt Requested, to the Records Clerk at the Police Department of the municipality issuing the ticket. The information to reach the court is on the ticket (address and phone number); you can call and ask for the records department email, or just call the Police Department’s non-emergency number to obtain that information. Keep good records related to these requests in case you need it down the line.

Third, you should go to the NJ MVC and get a copy of your COMPLETE driver’s abstract (and NOT just a five year history assuming you have been driving for a longer period than five years). People go to court to speak to the Prosecutor, and frequently state, “My record is clean and I have no points”. If you had prior points which you lost for good driving (no moving violations or suspensions for 12 consecutive months following the last moving violation), or took a defensive driving course and lost points, your record will not be viewed as a clean and clear record. Any prior moving violations will be taken into consideration in the determination by the Prosecutor what to do now. Be prepared; obviously, if you haven’t had any prior moving violations, you will receive more leniency than someone who had many. If the prior violation(s) were when you were young and inexperienced, and a lot of time has passed since your last moving violation, that also is better than if you had three speeding tickets last year. The point is to become fully informed with your own records, so that you can decide your negotiation strategy prior to going to Court.

Fourth, your Court appearance may be virtual or in person. Either way, ask to speak to the Prosecutor. If you’ve requested the discovery and it hasn’t come in yet, or only came in partially but some items are outstanding, tell the Prosecutor and request his or her consent to a postponement for discovery reasons. You’ll go in front of the Judge and place your request on the records. If you have any upcoming travel, medical or other dates you want to protect, tell the Judge at that time for rescheduling purposes.

Fifth, on your day in Court, advise of your best argument. Let’s say you are charged on the NJ Turnpike with going 105 mph in a 65 mph zone and the ticket says, “P” under “equipment”, which implies the pacing method was used. In this scenario, let’s say no speedometer records were supplied, but rather the State provided you with radar records. Also assume the Trooper is not present. Let’s also assume that the ticket was given to you on January 14, 2023, but the radar records are from 6 months before the date of the ticket and 1 year following the ticket. Obviously, the State can’t prove you were speeding on the date of the ticket because there is no evidence to support that any equipment was functioning properly on the date of the ticket. There are an infinite number of variations on this theme, but just remember that you don’t have to prove you were not speeding; the State has the burden of proof. Take a good, long look at the discovery that they do provide and ask yourself, what is their best case against you?

Sixth, assume you are SOL and their evidence is strong against you. In this scenario, if your driving records is decent, beg, and explain why you were speeding that day. We all speed at times for what seems like valid reasons at the time; if you can get it down to a 2 point violation, then take a defensive driving course and the 2 points will disappear from the NJ MVC record (assuming you have not taken such a course recently). Check with your insurance company to confirm that there will not be two insurance points associated with your license if you follow this route; there may or not be.

It should be noted that some people take the defensive driving course after they just pay the ticket, which is the same as pleading guilty, and can be accomplished online by inputting the ticket number on the site provided on the actual ticket (unless the speed is so high you may lose your license, and an in court appearance is required, and in which case you should consider hiring an attorney). Some people just don’t have time to go to Court to fight the ticket, or are scared to go alone if there is an immigration issue, or public speaking is frightful for them. Just paying the ticket online should only be done after taking the time to review and understand your driver’s abstract, so that the consequences can be assessed prior to pleading guilty.

If you determine that you are facing a potential loss of license, jail time or excessive fines and costs associated with the ticket(s) you received, you should speak to an attorney to determine your best possible defenses. The above is intended for the routine speeding ticket where you are not facing consequences of magnitude. If you have any questions during the process, should you decide to go it alone, please feel free to contact me.

Good luck!

Tama Vail Baran Esq. on Unsolicited Advice for New Law School Grads

First, I know you’re smart; so does everyone who you know who knows you just graduated from law school. Congratulations! However, it’s more important to be kind and genuine. This will matter in your career more than you can possibly imagine. For instance, there will be times that your client, your adversary or your judge will test you beyond measure. No matter what they say or do, you must be kind, and you must be genuine. That means never, ever sink below a professional level, and never try to be something you’re not in your job on behalf of a client. Stay true to yourself throughout the process; that is why you likely were hired in the first place!

Second, be more prepared and organized than your opponent. Every. Single. Time. Sometimes, things will not go the way you would like. You will make mistakes. You will forget an important piece of an argument and you will misplace important documents and exhibits during a trial or motion or hearing (and will find them right when you get back to your office). Don’t worry, because if you are prepared, you will know it exists – you will have the wherewithal to request to supplement your argument with that citation, or exhibit, later. Be more prepared even when it takes longer, you’re tired, your friends are going out, you’d rather sleep. Been there and done that. Your best weapon is you – to be your best self, you must be the most prepared you can possibly be. It doesn’t matter what kind of case it is. This strategy will imbue you with a confidence that doesn’t come from a big-name firm or law school; it is your gift to yourself and your client, and you will bring it wherever you go. The confidence that comes from the habit and routine of extensive preparation is worth its weight in gold.

Third, be flexible. Recognize when you are wrong about something, and pivot. You don’t have to advertise it, but you do have to use the information wisely and to your client’s best benefit. People do not like change and they do not want to admit they were wrong, let along apologize. If they did there may be many fewer suits, and less money to be made by lawyers in the process! So recognize that others will not be as flexible as you wish, but just like a good workout, it feels good to be able to make changes that make a case better. You can envision a situation that an expert won’t say what you need in a case, or a witness will not testify at court because of a development in an interpersonal relationship which prevents it, but you NEED these pieces of evidence or your case is over. Be creative; maybe come back another day and the person will stretch their opinion, or become available. Know that things can be fluid, and malleable – it is not an exact science, hence the nomenclature, “the practice of law”. That leads me to my next point.

Don’t think everyone more senior than you knows what they’re doing. I apologize to them for saying so, but this includes judges and senior counsel at your firm. You can’t be afraid to tell people they’re wrong; you just have to wisely choose your delivery, or show disagreement through your actions. Remember, they’re still practicing too! There is no end date. Be aware that you already had the only three real thing you need to be a successful attorney before you even went to law school – your brain, your heart and your gut. You can read? You can make an outstanding argument. You can experience the facts of the case and allow yourself to be deply moved? You can make an impassioned, sincere argument on behalf of your client. Something doesn’t feel right about a case although you can’t find evidence to pinpoint your sensation? Your gut will guide you – don’t you ever ignore it, or you will surely suffer, as will your case.

In sum, remain steadfastly calm when it is difficult to do so, prepare beyond measure, be willing to reevaluate your cases anew, if required, know your mentor’s limitations, and be true to yourself. I wish you the career of a lifetime, and every possible success.

About Tama Vail Baran, Esq.:

Tama Vail Baran, Esq. is from Bordentown, NJ and has been an attorney for 18 years. She provides the best legal advice at a fair rate and help her clients achieve their goals.

Tama Vail Baran, Esq On A Potential Option if You Just Got a DWI, and it is Not Your First DWI

Tama Baran knows from her 18 years of experience as an attorney, that sometimes a person receives a second (or third, fourth or fifth) DWI, and when that happens, their world falls apart. This is understandable as it is a scary time due in large part to the unknown about what will happen, and when. As I have mentioned in other posts, sometimes getting a resolution in court takes more time and energy (and money) than you would like it to. It is important to select an attorney who is going to cover all possible bases and not just push through a plea in order to move onto the next file.

Any defense attorney who represents someone who has received a DWI should be expected to know the basics, but someone with more than one DWI on their abstract is in a special circumstance. This situation requires a more unique and tailored approach to managing and strategizing the preparation of the defense. Often, this includes the filing of a Post Conviction Relief (PCR) application. The process is long, and tedious, and will add onto the cost of your defense – without any guaranty of a favorable result. It is therefore distasteful, but it is an option that must be explored and seriously considered due to the potential for a very positive impact on the new, pending matter.

The PCR application can help with the current matter, if successful, because it can serve to soften the blow of any current sentence. Without getting into a long and complicated legal discussion about the intricacies of this type of application, let me explain the application itself and when it is usable, so you know what to anticipate if you are asked by your lawyer to decide whether or not you wish to pursue (and pay for) that option. It is likely going to be discussed after the attorney has reviewed all of the discovery in your pending matter and it doesn’t appear that he or she will be able to suppress your reading. Removing a prior DWI (or two, depending upon your circumstances) could make it so that your new DWI is treated as a first offense, thereby reducing your penalty. If your attorney seeks this avenue, all of the records from the prior DWI, including all of the recorded evidence, the transcript of your guilty plea and the court’s certified disposition must be obtained. This part can take an enormous amount of time. Sometimes, depending upon the age of the case, only sparse records exist anymore.

Not to worry. An experienced attorney will know how to use whatever is available to your advantage, and file a Verified Petition (which you will sign) pleading your case that the prior DWI (or DWIs) should be thrown out. If you have more than one prior DWI for which your attorney has filed PCR applications, you can see how this can really increase the amount of time you will likely have to wait to understand which direction your matter will go in. Your attorney will review the entire file as if the old charges were still active, and look for items to challenge the entry of your plea. This can also be time consuming, depending upon the amount of information provided. The next step is the hearing, which can occur over multiple days, spread out over the course of several months. It can be very maddening as you wait for this part of your case to be heard. It is not uncommon for more than one hearing date to be set for the matter to be addressed; recently, I had to attend a court five times on just one PCR application to finalize that matter. Of course, while the PCR application is pending, the court likely will stay, or hold off on pursuing, the current, new DWI so as to allow the right amount of time to finalize the PCR application.

If your PCR application is successful, the next necessary step is to try to resolve it right then and there, at the hearing.. It is important to understand that successfully setting aside the DWI causes it to become “reopened” and it must now be resolved as if your old guilty plea had never been entered – it is then essentially “pending”. This means it is back to square one regarding that DWI. In practice, if there is a strong enough argument to overturn a prior DWI, most prosecutors recognize this and form a resolution of the old DWI with the defense attorney at the same time as the hearing. In this way, the impact of setting the old DWI aside can be known at the same time the hearing concludes. This is the goal and in fact has happened every time I have filed a PCR application.

Getting a client a fair and successful result in a DWI is always the primary goal. If you are charged with a DWI and you have prior offenses, it would be wise to discuss all available strategic options with a potential attorney, prior to deciding which person to hire for your defense. While this article clearly does not address all of the many possible complicating factors and resulting applicable law, I hope it helps you to feel less despair, and introduces you to at least one potential option you may not have been familiar with before. Good luck in this process if you are faced with charges under these demanding circumstances.

About Tama Vail Baran, Esq.:

Tama Vail Baran, Esq. is from Bordentown, NJ and has been an attorney for 18 years. She provides the best legal advice at a fair rate and help her clients achieve their goals.

Tama Vail Baran Esq. – A Potential Option if You Just Got a DWI, and it is Not Your First DWI

Unfortunately, sometimes a person receives a second (or third, fourth or fifth) DWI, and when that happens, their world falls apart. This is understandable as it is a scary time due in large part to the unknown about what will happen, and when. As I have mentioned in other posts, sometimes getting a resolution in court takes more time and energy (and money) than you would like it to. It is important to select an attorney who is going to cover all possible bases and not just push through a plea in order to move onto the next file.

Any defense attorney who represents someone who has received a DWI should be expected to know the basics, but someone with more than one DWI on their abstract is in a special circumstance. This situation requires a more unique and tailored approach to managing and strategizing the preparation of the defense. Often, this includes the filing of a Post Conviction Relief (PCR) application. The process is long, and tedious, and will add onto the cost of your defense – without any guaranty of a favorable result. It is therefore distasteful, but it is an option that must be explored and seriously considered due to the potential for a very positive impact on the new, pending matter.

The PCR application can help with the current matter, if successful, because it can serve to soften the blow of any current sentence. Without getting into a long and complicated legal discussion about the intricacies of this type of application, let me explain the application itself and when it is usable, so you know what to anticipate if you are asked by your lawyer to decide whether or not you wish to pursue (and pay for) that option. It is likely going to be discussed after the attorney has reviewed all of the discovery in your pending matter and it doesn’t appear that he or she will be able to suppress your reading. Removing a prior DWI (or two, depending upon your circumstances) could make it so that your new DWI is treated as a first offense, thereby reducing your penalty. If your attorney seeks this avenue, all of the records from the prior DWI, including all of the recorded evidence, the transcript of your guilty plea and the court’s certified disposition must be obtained. This part can take an enormous amount of time. Sometimes, depending upon the age of the case, only sparse records exist anymore.

Not to worry. An experienced attorney will know how to use whatever is available to your advantage, and file a Verified Petition (which you will sign) pleading your case that the prior DWI (or DWIs) should be thrown out. If you have more than one prior DWI for which your attorney has filed PCR applications, you can see how this can really increase the amount of time you will likely have to wait to understand which direction your matter will go in. Your attorney will review the entire file as if the old charges were still active, and look for items to challenge the entry of your plea. This can also be time consuming, depending upon the amount of information provided. The next step is the hearing, which can occur over multiple days, spread out over the course of several months. It can be very maddening as you wait for this part of your case to be heard. It is not uncommon for more than one hearing date to be set for the matter to be addressed; recently, I had to attend a court five times on just one PCR application to finalize that matter. Of course, while the PCR application is pending, the court likely will stay, or hold off on pursuing, the current, new DWI so as to allow the right amount of time to finalize the PCR application.

If your PCR application is successful, the next necessary step is to try to resolve it right then and there, at the hearing.. It is important to understand that successfully setting aside the DWI causes it to become “reopened” and it must now be resolved as if your old guilty plea had never been entered – it is then essentially “pending”. This means it is back to square one regarding that DWI. In practice, if there is a strong enough argument to overturn a prior DWI, most prosecutors recognize this and form a resolution of the old DWI with the defense attorney at the same time as the hearing. In this way, the impact of setting the old DWI aside can be known at the same time the hearing concludes. This is the goal and in fact has happened every time I have filed a PCR application.

Getting a client a fair and successful result in a DWI is always the primary goal. If you are charged with a DWI and you have prior offenses, it would be wise to discuss all available strategic options with a potential attorney, prior to deciding which person to hire for your defense. While this article clearly does not address all of the many possible complicating factors and resulting applicable law, I hope it helps you to feel less despair, and introduces you to at least one potential option you may not have been familiar with before. Good luck in this process if you are faced with charges under these demanding circumstances.

Tama Baran on What to Expect on your “Day in Court”

The truth is, it depends.  The likelihood is high, however, that it just may not go as you expect and you’d be wise to be prepared for that.

What do I mean? It depends what the matter is scheduled for. Is it a first appearance? You will be returning if so, and possibly multiple times before the matter is concluded. Understand your attorney knows what they’re doing if a postponement is request but certainly, ask questions about that every time.

Is it a trial? Prepare for it to take longer to start, last longer than you anticipated, require more returns to the courthouse to complete and not necessarily on consecutive days, and anticipate the possibility that the final decision may be received much later than you’d like. To make matters worse, even then it may not be over if one party (or both parties) decide to appeal the decision.  Of course, that can happen even if your matter concludes more quickly, thereby dragging it out even longer.

Litigation is not for the weak! That is why, as may already know, most cases settle. Trying to settle prior to appearing in court is beneficial because it greatly can reduce and even eliminate much of the stress surrounding the unknown of a trial. It also allows parties to control the outcome more. 

This is not always possible; some parties, or their attorney, may not always be interested. Some people just need their day in court. Don’t despair if your case hasn’t settled prior to court – many cases do settle in the courthouse, and sometimes even after the trial has begun.

What is most important is that in the days, weeks, months, and sometimes years leading up to your day in court, you have chosen an attorney you trust, with whom you’ve shared all relevant information and with whom you’ve actively communicated all of your thoughts, ideas and goals for the case.  The better relationship that exists between you and your counsel, the better you will feel throughout the process and the more thoroughly your attorney can properly prepare your matter.

I remember an older colleague at my firm asked me one day what my court schedule was for the week, and what my plans were for the cases assigned to me. I answered in great detail, and it took some time. He was a well established and very busy trial attorney, and I finally said, “What about you?” He smiled and said, “I have no idea.” Shocked, I wondered aloud, how could that possibly be? He explained that despite the planning and preparations, nobody knows what will happen until we get to court. It’s good to know before you go.

So, if you can’t settle your case prior to court and must proceed to trial, here are a few tips:

1. Be on time.
2. Bring water and some snacks.
3. Prepare to be there longer than you’d like.
4. Like and trust your attorney and continue to communicate your thoughts and reactions to what’s happening.
5. Wear comfortable clothing in layers.
6. Bring work and/or reading materials for down time.
7. Be open to settling even after the case has begun.
8. Be open minded to how the case is proceeding – if it isn’t going as well as you thought it would, assess where you can compromise now where you may not have been willing to before this point.
9. Depending on the type of hearing it is and what’s at stake, fight hard for your position if it seems the judge/jury is understanding your message and you’re getting the main points through so as to win.
10. Look for signals from the judge – your attorney can advise you which way he or she seems to be leaning based upon questions asked by the judge or comments on decisions made by the judge related to interim motions or evidence issues.
11. Make sure you’re just as prepared as your attorney. One of my best weapons is a prepared and wise client.

Tama Baran on Managing the Divorce Litigation Process

Nobody likes to engage in litigation at all, especially when it is extremely personal in nature, such as during a divorce. Exposing your finances and family arrangements concerning children and other matters is annoying, and can be emotional and painful. It is helpful to know what to expect in advance if you plan to file, or if someone has filed a Divorce Complaint against you.

First, it is expensive, time-consuming and stressful to litigate issues in court. Therefore, even if a Divorce Complaint has already been filed, bear in mind you still can settle your case, or some of the main issues, at any time, thereby minimizing the issues left for a judge to decide. This provides an element of control over the process too, which should serve to minimize the stress and expense to some degree. TIP: Select an attorney that leans toward the collaborative approach, which could be asked of them during the initial consulation.

Second, it is important to choose an attorney that communicates well with you. This does not mean someone who is available around the clock. Rather, it should be someone who responds to your emails and calls, and sets aside the time for in-person meetings when the situation warrants it. It should also be someone who you feel genuinely appreciates your position, but shares openly the strengths and weaknesses of your case with you and helps you to make decisions which will move the process along. TIP: Find out the attorney’s preferred method of communication and ask how you will be notified of important dates, documents and deadlines.

Third, you should understand that the attorney representing your soon-to-be ex may not be of a collaborative mind, even if your attorney is, and even if they say they plan to reach an amicable settlement at the outset. Some attorneys proceed by filing Motions which will need to be responded to by your counsel. This runs up counsel fees and draws attention away from the potential for a settlement that both parties can live with. TIP: Recognize the limitations of your attorney’s ability to “change” another attorney’s style, and be prepared to be flexible with the period of time the case is taking to come to a conclusion.

Fourth, be aware of your own obligations to the process. You have to promptly share complete information requested of you, so that your attorney can do the best possible job on your behalf. Be forthcoming and plan to meet deadlines set by your attorney or the courts, so that you are always in a state of compliance and have met your obligations. This can become important if you need to file something with the court. It can be a difficult process and there can be a lot of paperwork and evidence. Your attorney will assist you with as much help as you require. TIP: If you feel overwhelmed, or something is confusing or seems too time-consuming, ask your attorney for assistance.

Fifth, depending on the situation, consider the addition of an accountant and a therapist to guide you during this time in your life. There may be issues you have not had to deal with before with finances, and someone qualified to guide with those matters should become familiar with your case before you make important decisions. Your decisions could be different than you anticipated, depending upon their advice. Further, while attorneys are “counselors at law”, a therapist specializing in family issues could be of great assistance. This seems particularly true when minor children are involved, and the severity of many post-judgment issues may be lessened if there is access to this type of assistance during the process. TIP: Develop a team of professionals for yourself and your family during this time.

Sixth, even if you have the best attorney, a therapist, an accountant and a settlement, it can still be a very challenging time in your life. A divorce is not a happy experience, even if both parties agree it is necessary. It is a change and a transition, and those periods in our lives are hard. This could be a good time to work out more, hire a nutritionist, or take a vacation, or even a staycation and just unplug for a few days. It is a time for a new beginning, and everything is going to be okay. TIP: Take good care of your health and wellness – whatever that means for you.

About Tama Vail Baran, Esq.:

Tama Vail Baran, Esq. is from Bordentown, NJ and has been an attorney for 18 years. She provides the best legal advice at a fair rate and help her clients achieve their goals.