Frequently Asked Questions

Traffic Offenses

Will I get points if I am convicted of driving while suspended?

No. While a conviction for driving while suspended will result in a suspension of your driving privileges, a large fine, court costs, and even jail time, no points are assessed by the Motor Vehicle Commission for the conviction.


If I get a ticket in New Jersey but I have a license in another state, will the points transfer?

In most cases, if you are found guilty or if you plead guilty to a moving violation in New Jersey, your home state will impose some type of points to your driving record. This is because over 40 states in the United States have signed what is known as the Driver License Compact. Under this Compact, your home state will treat the moving violation as if it happened within your home state. While your home state may be a part of the Driver License Compact, this also does not mean that the amount of points assessed for a New Jersey violation will be equivalent to that of your home state. This makes it increasingly important to consult with an attorney if you are an out-of-state driver.


What are my legal obligations if I am stopped by a police officer when driving?

If a police officer believes that he or she has a reasonable suspicion that you have committed a moving violation, the officer can pull you over. When the officer pulls you over, you are required to comply with the police officer’s demands for your driver’s license, insurance card and registration.

However, you are not required to engage the officer in conversation or admit or deny whether you committed the moving violation. In fact, you should not do so. For example, let’s say you are asked by the police officer, “Why were you speeding?” Implicit in this question is that you were in fact speeding. So answering this question creates a presumption that you were indeed speeding. It also will provide the officer with an opportunity to listen to your pattern of speech to determine if you are slurring and may be under the influence.

The fact is that the less information you volunteer, the less evidence the State will be able to introduce in court against you.


If the officer made a mistake on my ticket, can I get the case dismissed?

This is very unlikely. In New Jersey, judges are reluctant to dismiss cases based on mere technicalities. You can feel free to attempt to make the argument to the court, but in most cases the judge will just allow the officer to amend the complaint to correct whatever mistake was made.

Criminal Law

What is a controlled dangerous substance?

A controlled dangerous substance, also known as CDS, is essentially anything that the State of New Jersey determines to be an illegal drug. It encompasses any drug, from marijuana to cocaine to heroin.


If I am arrested, do I have to give a statement to the police?

No. One of the most basic rights you have is the right to remain silent. This is because “anything you say can be used against you in a court of law.” Thus, if you provide a statement, it can have consequences for you later. For this reason, it is important to obtain legal counsel before providing any statement to the police.