Kearns Duffy & Vaccaro, P.C. has had extensive experience in municipal court matters, including motor vehicle offenses, driving while intoxicated and minor drug offenses. These offenses can result in significant penalties, including incarceration. Proper legal representation is essential.
If you receive a summons or traffic ticket for any motor vehicle violation, you should be aware that these cases are in the nature of criminal offenses. Note that your case is entitled, “State v. the defendant.” Motor vehicles offenses are subject to the same evidence rules as any crime or other violation. The obligation rests on the State to prove you are guilty beyond a reasonable doubt. Often there are discrepancies in the evidence on which a finding of guilt or a conviction will rest. The evidence against you must be clear and convincing. Very often, a properly mounted defense can result in a finding of not guilty or dismissal of charges. Further, a proper preparation can result in charges being down-graded so that the fine would be less or the motor vehicle points reduced. Points charged against the defendant are most important because of the insurance surcharges that accompany motor vehicle offenses. Your insurance rates will be surcharged or raised for years following a finding of guilt for a motor vehicle offense. A proper defense can result of the savings of thousands of dollars in insurance premiums over the years following. In preparing a defense, your attorney would demand discovery from the State. By discovery, the prosecution must make known to your attorney all details and reports concerning your case so that your situation can be analyzed.
After obtaining discovery from the State or police, your attorney can advise you as to whether or not you should proceed to trial or attempt to plea bargain for a lesser offense.