Many ordinary motorists and professional truckers who are “just passing through” New Jersey on the Garden State Parkway, New Jersey Turnpike or other major roads end up with a motor vehicle summons. Many of them would like to defend the charge with the goal of either being found “not guilty” or negotiating a beneficial agreement with the prosecutor. However, they are often deterred by the time and expense associated with returning for municipal court.
Howes & Howes can help the out-of-state motorist or trucker defend in municipal court and achieve their goals without spending the time or money to appear in New Jersey.
We do this through Rule 7:12-3 of the New Jersey Court Rules, which allows a defendant in a traffic case to defend by affidavit without appearing in court, except in certain enumerated serious charges. If the client retains Howes & Howes and gives us authority to enter a statement on their behalf, then we can negotiate for the client just as if they lived around the corner from the court.
The municipal court will accept an affidavit in defense if the court finds that it would be an undue hardship on the defendant to require appearance in person at the time and place set for trial. Appearance through attorney via affidavit can bring substantial savings both in terms of less motor vehicle points on your license and saved time and travel expense.
In most cases it is well worth the fee paid to the attorney. Contact Howes & Howes to learn more about how to take advantage of the plea by affidavit court rule.
