Backwards or backwoods justice in Hamilton Township, NJ?
Mar 27th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficEarlier this week, I represented a client in Hamilton Township, Atlantic County, New Jersey for an NJ speeding ticket (39:4-98). After our Municipal Court appearance, my client was not a happy camper. This was not because of my legal work, it was because of the outrageous sentence that she received from her speeding ticket.
My client was caught speeding on the Atlantic City Expressway back in early July of 2007 by a NJ State Trooper. My client was pulled over early in the morning on a bright and sunny day with very little surrounding traffic. The NJ State Trooper claimed that he clocked her at 106 in a 65, clearly above the speed limit.
Unfortunately, my client was caught speeding in Hamilton Township where plea agreements are not permitted by the court. In every other Municipal Court in the State of New Jersey, speeding tickets are plea bargained. Not in Hamilton.
My client was given no break at all. Although the prosecutor was reasonable, the court was not. My client was sentenced to over a $400 fine, license suspension of 15 days forcing a $100 restoration fee, and 6, yes 6, days in jail.
The policy of the court in Hamilton is that every mile per hour over 100, you go to jail for a day. Unfortunately, this sentence is permitted under NJ motor vehicle law. Jail time for speeding tickets is usually only reserved for a deadly or serious accident from a speeder.
My client was particularly upset because the defendant that appeared before the court, just before our appearance, was charged with and plead guilty to an NJ DWI. This defendant was not given any jail time. So, this NJ DWI defendant who according to NJ law, was not in control of her mental and physical faculties, and could have killed any number of people, was given no jail time.
My client who was driving admittedly fast, who was in complete control of her vehicle, in no traffic, on a limited access highway, arguably putting no lives in danger gets 6 days in jail. I am not making this up.
It would be a different story if every defendant in Hamilton received strict penalties for every violation of the motor vehicle code. Here we witnessed misapplied justice. What do you think?
when i ewas in court last week, i saw my former attorney’s assosciate represent a guy doing over 100 mph in a 55 zone.
this guy was allowed to plea down to a reasonable speed, no jail time, no loss of lecense , pursun t that he take a defensive driver course within 10 days.
the judge almost didnt do it, but did. afterall, the judge was facing reisig and associates, who, if they didnt get the deal, would have asked for a trial, in which case, trhe court is stuck, because old bride doesnt trial cases ever!
did they take your client into custody immediatley?
isnt there something you can do?
JUST ANOTHER POINT,
i used to travel down to north wildwood to see a friend every weekend for a year. going down the parkway about 2 hours drive.
one time i got pulled over in anglesea, thats just over the bridge, and a tiny town just before you hit north wildwood, anyway, its still north wildwood court.
i got a 4 point speeding ticket, because the speed limit drops instantly from 50 to 25, just over the bridge.
when i went to court, i witnessed the judge probably sending maybe 6 or 7 people to jail for traffic violations. they were allowed to go home that night, but were given a time and date to report to the jail for execution of sentence. not one of these defendants had an attorney, they all pleaded guilty, all in unrelated incidents.
i was the very last person from probably 100 defendants to go in front of the judge that night, and miracuously, the prosecutor put it down to a no point ticket.
but anyway, it seems that south jersey courts are more ready to sentence people to jail and work detail than courts in central and north jersey.
especially with an attorney,
it doesnt seem right the person is going to jail.
on top of the fines, the license suspension, higher insurance, and probably , what, about $1500 for the attorney, to go to jail for spedding like this just isnt right.
i believe you can appeal the sentence though, because as you say, jail for speeding is reserved for accidents.
my former attorney told me if i get a jail sentence for the low level first offense dui that it would not hold up on appeal, because they just dont sentence like that.
and on top of all that, having to go to jail for 6 days can cause a personh to lose their job.
so the person , could be losing tens of thousands of dollars, maybe more, and a good job that he or she likes maybe.
THAT IS CRAZY! 6 DAYS IN JAIL FOR SPEEDING AND A DWI DEFENDANT GOES FREE? THAT IS TOTALLY NUTS. PUT THE DWI GUY IN JAIL FOR 6 DAYS AND FINE THE HELL OUT OF THE SPEEDER. I AGREE 106 MPH IS A VERY UNSAFE RATE OF SPEED AND THE OFFENDER SHOULD BE PUNISHED, BUT NOT JAIL TIME. A HEFTY FINE AND LICENSE SUSPENSION WOULD BE MORE APPROPRIATE FOR THE OFFENSE AS TO TEACH THE SPEEDER THAT DRIVING IS A PRIVELIGE NOT A RIGHT. THE DWI SHOULD BE BEHIND BARS. HAMILTON TWP. NEEDS TO GET IT TOGETHER.
106 MPH is a safe and responsible speed on most NJ Interstates. This is a travesty of justice. The real crimimals are the people driving slowly.
yeah, and wasnt the governor’s driver going about 100 miles per hour when he crashed and almost killed the governor and others?
did he get jail time?
Well, there needs some clarification here. I donot specifically recall the case, but I was/am the prosecutor in Hamilton Township. The Defendant did indeed get six days in jail – to be completed in the Day Reporting Program in Atlantic County. Sort of like the SLAP program in Camden – they report for work for a six hour period in one day and that counts for one day in jail. They never get placed into the jail in this program.
I also happen to be on the Safe Passage Committee for the State of NJ. 106 in a 65? Ever see what happens to a car when it hits a tree at that speed? Another car? No a pretty sight. How about a mechanical problem? Blow out?
I once prosecuted a case where an elderly couple got rear ended on the AC Expressway. Their car was totaled. What bothered me about this incident? They told me they were going 65 when they got hit. Imagine how fast the car was going that hit them in the rear in order for their car to be totaled when they were driving the speed limit?
So where should the line be drawn? You do not like 106. How about 110? 120? I once prosecuted a guy doing 153 in a Mustang. Should he go to jail? By the way, he was also a DUI at a .16 BAC and had drugs in the car.
This is a question of where you draw the line. The Judge in Hamilton, and other Judges in South Jersey, draws the line at triple digits.
I bet your line would be less if you lost someone in a motor vehcile accidnet to a speeder. A Drunk. Or someone driving recklessly. By the way – that happens about 3 times – A DAY – in NJ alone.
One last thought – have you ever tried to figure out just how much time you save by speeding. Try it with a simple algebra problem. Guess what – it is usually seconds. Sometimes minutes. It is always a shock to see how little time you save in comparison to the risk you run.
Just some thoughts.
A few more thoughts:
We in fact do Plea bargain speeding cases in Hamilton Twp. Almost everyone of them – however, we do not plea bargain any speeding case in which it is alleged that the Defendant was going 100 or faster.
With respect to the comment: “My client was pulled over early in the morning on a bright and sunny day with very little surrounding traffic.” I can not recall any time since I was a young man where the AC Expressway had “very little surrounding traffic.” Maybe that day was the exception.
And lastly, with respect to the comment: ” arguably putting no lives in danger gets 6 days in jail.”
Does not her own life count? And is this not what it is all about? Saving her life? And others?
Thanks.
Bob:
I agree, a line has to be drawn somewhere, but where? Shouldn’t jailtime or SLAP time be reserved for speeding cases that involve serious aggravating factors?
Bob, you were more then reasonable regarding the case. Many practicioners in NJ find it a pleasure to work with you. But unfortunately, neither, you nor I have the final say in Hamilton Township.
What other judges have a 100 mph plus jail rule in SJ? I know many of the local Municipal Court judges suspend driver’s licenses at 90 mph plus…
Thanks for your comment.
P.S. I am writing to your from the middle of the Indian Ocean on the Islands of the Maldives. Isn’t technology a wonder?
Jail should be reserved for situations where someone was hurt and not for people who might have hurt someone. New Jersey should start policing real crimes instead of going after the easy and profitable “traffic offenders”. These are traffic offenses and not crimes. Big Business for NJ municipalities. just go to municiple court one session and youll see a packed house of traffic offenses.
[...] I drive through this part of NJ – if you get caught – you do 1 day in jail for every mph over 100. Many people have done time – and the twp is just getting richer and richer… Backwards or backwoods justice in Hamilton Township, NJ? | Bucks County Personal Injury Lawyers | Ca… [...]