Defending Against Traffic Violations
Our experienced New Jersey traffic ticket attorney discusses helpful strategies for defending against traffic violations. Here is what you need to know.
Defending Against Traffic Violations | Avoiding Self Incrimination
It can sometimes be difficult to avoid providing self-incriminating statements. Part of it is just human nature, and you can’t stop somebody from just being honest. So honestly answering an officer’s question sometimes could actually be an incriminating statement.
We do not suggest that anyone should lie to a police officer. But sometimes giving information that is beyond what the question might be is difficult for some people to avoid when being questioned by a police officer, especially when they are pulled over at the very beginning. People usually say too much when being asked a simple question by a police officer, and that can very often come back to hurt them and self-incriminating themselves.
Defending Against Traffic Violations | Miranda Rights
Miranda rights apply a few steps later when somebody’s detained under the law or in custody under the law, or under arrest, whereby they’re no longer free to leave. They are clearly under arrest, and now they’re being questioned. The police have an obligation at that point to read the person their Miranda rights. They include: You have the right to remain silent. You have a right to a New Jersey Traffic Violation Lawyer. In total, there are six rights that need to be read.
If those rights aren’t read and a statement is derived from the person who’s under arrest, then that statement can be subject to a pretrial hearing suppression motion, where the New Jersey Traffic Violation Lawyer representing that individual can ask the judge to not allow the prosecutor to use that as evidence in their trial.
If you need help defending against traffic violations, please contact our New Jersey traffic violation lawyer today for a free consultation.