Letter: Pulled Over

Our son who is 17 was driving in the Deal, NJ area yesterday.

Although he is a teen, he is a safe and cautious driver.

A very young looking cop pulled him over and asked him, “Do you have a license? My son then produced his permit which was stamped that he passed his driving test last month mid-June. The permit clearly says, “it is valid for probationary basic driver privileges for 60 days.”

Due to the delay at DMV, the driving school advised him that the only way to get the actual license is by showing up early AM within 10 days of the expiration, and only then they will allow you in to get an actual license. He is planning to go there next week, and hopes that he won’t have to miss a day of work trying to get his license.

The cop took the document and after some time returned, telling my son “You don’t have a license, you didn’t pass the road test. You aren’t allowed to drive now. I am leaving and not telling you what to do.”

My son then asked why he was pulled over, to which the cop responded “You were speeding.”

My son says he was not speeding, and his friend says there is no way they were driving the amount stated on ticket of 51 mph in a 25 mph zone (which brings to double the allowed limit, with 4 points on the license). The cop had pulled him over several blocks from the street that the ticket states the speeding occurred.

After he handed my son the 2 tickets, one for driving without a license and the other for speeding, he said to him, “Oh by the way, I was supposed to tell you this earlier, but this conversation was recorded.”

My son now has to incur the expense of hiring a lawyer to represent him and prove his innocence. He feels like he was targeted because of his youthful appearance. He feels that only because the cop pulled him over hoping to catch someone driving without a license, which was clearly not the case, he then threw in another violation of speeding.

What recourse does one have when such an incident happens? How can one who is given a speeding ticket, and was not speeding, prove their innocence? If the DMV is backlogged, why don’t the police recognize that and not accuse someone of driving illegally?

My son today was issued violations which he didn’t deserve. It’s a shame that one can do everything right, be falsely accused, and then have to invest money and time to prove innocence.

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44 COMMENTS

  1. Most likly hes a summer rent a cop thats what all these beach towns have just push off the court date until the cop wont be around to show up

  2. Welcome to the road!
    That’s NJ for you.

    Try and fight it, ask the cop how they verified the speed, if radar when was it last calibrated? Etc.

  3. Tell your son he’s finally an adult. This is part of the risk of driving. Coming across a cop that abuses the system is pretty common. For all you know he ready did do everything right and the cop simply needed to fill his end of the month quota.

    You can try to report the officer. Or send an email to the governor Murphy forum. He seems to be answering. Be sure to include the officers badge number

  4. Unfortunately, there isn’t much you can do as far as the expense goes. The lawyer will cost at least $600, if everything you write is true, your son will get the tickets off. The only thing you can really do to get the officer back is file a complaint with the department he represents. It wont get you anywhere, but it will get him back somewhat.

  5. Call Ian Goldman. Great lawyer and Lakewood prosecuter.

    And if the car is registered to your son, all he had to do is scan the license to see the license wasn’t processed yet.

  6. This is a bit convoluted to follow Is the permit that he produced sufficient to allow him to drive? Yes or no. If yes, then he shouldn’t have gotten a ticket. If no then he should have gotten a ticket end of story.

  7. More info. The cop told our son he is lucky he didnt get a ticket for not having his hand on the wheels. Mind you my son was driving an suv and the cop was in a car.much lower view. Was this cop just racking tickets to win some award for the local courts bank account

    Also note the law is clear. A police officer must notify the driver immediately as its safe that he is being video recorded. The police officer failed untill the end just before leaving. Talk about representing the law

    Ps the chief of police has NOT returned a message left for him yesterday. Police officers do not need to have a bad name because of 1 rotten apple who needs discipline and re education how to interact with the public and youth.We need the youth to respect police and the law. That can only happen if they see police officers acting with integrity and morals.

    And they better impound the video and whatever device was used to prove the alleged speeding offense. My son could lose his privilege to drive because of 1 cop who couldnt believe what is clearly written on the permit that he did pass the test. and came up with another excuse to give tickets. The police officers lack of credibility from issuing 1 false ticket which demands a court apperance should reflect that the speeding ticket also lacks any credibility. The police officer should pay for any loses incurred for loss of work by the tickets that are illegitimate.

  8. My daughter also passed her road test and after many unsuccessful tries at various DMVs found Little Egg harbor to be far away but was in and out in less than 20 minutes. That was at the end of May not sure the situation now.

  9. I could be mistaken but i believe it says the permit is valid for 60 days from the date of the PASSED road test. It doesn’t look like the 6/14/21 road test date (listed below the stamp) indicated a pass or fail. Maybe it was electronically recorded somewhere within DMV to prove your sons case for court. For the speeding ticket…wouldn’t be the first time children have lied to parents or diminished their mess up.

  10. I think the whole problem was the ticketed driver didn’t have an authentic driver’s license to present to the officer. I think the outcome of this traffic stop would have had a different outcome. Biezrat Hashem, everything will work out for you!!!

  11. To go 51mph in a 25mph zone is very very dangerous for even the most experienced driver to do, and especially for an inexperienced new driver, and police radar doesn’t lie; they should thank Hashem that it ended in tickets and not in g-d for bit tragedy ; for the drivers license ticket they don’t even need a lawyer, just present proof to the court, but the speeding ticket is devastating to a new drivers record, for that they need a good lawyer.
    And the kid should go the speed limit from now on.

  12. There is a mandatory court appearance for driving without a license. The law in nj clearly allows stamped permit of passing the test as a valid document to operate a vehicle.
    39:3-10 ” or is in possession of a validated permit”

    The police officer needs to relearn basic law.

  13. This happens every day, all over NJ.

    Even if proven innocent, he will need to pay a lawyer, take a day off of work, and pay court fees.

    The law should be that when the cop is wrong, the department pays for your losses. But it doesn’t work that way unfortunately.

  14. See the right side of the permit. It clearly states he passed road test.

    Regarding 2011. Thank younfor pointing that out. Maybe they will throw it all out. Doubt it.

    Regarding assuming he is guilty until proven innocent and saying he was speeding- we will find out – but try to look at the whole picture and this cop pulled them over just after making a right turn and going over a short bridge. Without going into details this vehicle doesn’t have such pickup to hit over 51 miles.

  15. Hi,as far as the speeding goes he may request a Discovery meaning the cop will have to show the judge in black and white the way he clocked him.

  16. As difficult and annoying it will be , fight it in court to its fullest! NEVER GIVE UP TRUTH PREVAILS!
    2)as far DMV go to one in Edison for License.
    Lakewood Freehold Toms river is hopeless

  17. Had a similar issue a couple years back where the officer made up a bogus claim. Tried to fight it, ended up going to court 4 times (1 hr each way mind you) and got nowhere. Bought a dashcam the next day.

  18. PLEA BARGAIN by yourself
    OR here’s what i did …
    i got a ticket in lkwd .Th elkwd court releases all pending cases to attorneys to see, so I received a lot of solicitations from various lawyers. I called all the attorneys and explained to them that I received plenty of solicitations in the mail. Therefor please give me your best price. I took the attorney with the lowest offer. That attorney got me the a good plea bargain

  19. I grew up in deal and got many many tickets exactly where your son did. Interlaken is a 3 block area between Allenhurst and Asbury. They don’t have a year round police force. They pull from Allenhurst in the winter. The cop sounds like a jerk but practically speaking there’s not much you could do about that. You definitely DO NOT need a lawyer. This is what you need to do. Go to court with your son. Speak to the prosecutor. They will drop the license ticket if you explain what you already have. Then to the speeding, fight very hard for them to drop it to an obstruction. They probably won’t. If they won’t they will offer you an unsafe driving ticket. It’s a $500 ticket with no points. If you get more then 2 in a certain time period then it carries four points. It’s a really bad ticket but it will save you the points. Push hard for an obstruction. The advice I gave you is exactly what a lawyer will do.

    On a side note, there is a tremendous advantage to the jerkiness the deal cops come with. People actually drive nice there. I say all the time that my driving is much worse in Lakewood then it is when I visit Deal. Frankly, I’m just not scared of the cops in Lakewood. If Lakewood cops would actually police driving offenses it would alleviate a lot of this towns traffic issues.

    Hatzlacha with your son’s ticket. It’s part of growing up.

  20. many townships use these tickets to balance their budget. Old Bridge is very up front about doing this. They say it right in courtroom and then offer a deal to those pleading quilty. They knock two points off the offense and
    the “guilty” party pays the fine, and the town makes money. If you refuse to plead guilty (and 90% either take the plea or have an attorney) your case is scheduled last – again, this is announced – after which you are again asked whether you don’t want to change your mind and plead “guilty.” When you see the judge and plead NOT GUILTY you are told that you have to reappear in court for a trial! Most people cannot afford taking off two days and at that point just plead
    guilty and pay the fine.

    I’ve heard news reports about how many municipalities issue summons to meet their budget. SHAMEFUL!

    • i am the father. he did not lie that he has a stamped probationary legal document to drive. it there as posted on this article. note the cop posted an expiration date of the licences as 2011.
      the cop also said he should have given him another ticket for not having 2 hands on the wheel. The cop is issuing bogus tickets for driving without a license. the cop is threatening to give more tickets. the cop failed to notify my son that he was being video recorded until the end of the stop when he is required to immediately by law notify that he is being recorded.. The cop questioned my sons youthful look to start with. the area he is claimed to have gone 51 is impossible to go over 51 with the vehicle he was driving due to the vehicle and the stretch of road which also allegedly has a stop sign. end of day jason the cop has many integrity issues that i would 1st trust my son before the cop. this cop makes all the other good cops look bad.

  21. That’s what Internal Affairs is for. If you feel this officer overstepped his authority or did something wrong… file a complaint with the police department. I’ve heard that has worked before.

  22. Very unfortunate story

    Firstly be mechazak & be supportive of your son, so he doesn’t loose his self esteem.

    Secondly, ask the attorney, if the cop was allowed to leave your licenseless son with a car? perhaps thats a violation of police protocol? perhaps use that as an argument to counter sue the cop for being reckless…?

    great luck !

  23. it’s not the police, it’s not deal, it’s not the road test, and it’s not the speed. this is a nisayon and these are just people and conditions who are being used min haShomayim to create this nisayon. why? none of the commentators can do the guesswork! but what can help is chizuk in Emunah and Bitachon. and that can get anybody out of any trouble.

  24. Every comment here is misinformed or has an agenda. Did anyone look at the permit?

    The permit clearly states that it is valid for 60 days from road test which was in November 2020. Judge will have to decide whether his Covid claims about DMV are a valid defense.

    Speeding must be decided by judge. Officer must appear with defendant with equipment certifications.

    If officer is a no-show, it should get dismissed or re-scheduled.

    Doesn’t hurt to talk to a lawyer familiar with traffic citations.

      • The test date says 6/14/21 but on the permit is says issued 11/08/20. The expiration date says 11/08/?? (it’s folded over) so I’m assuming it’s 2021, which would be a year. So you are probably correct. And if so he’s scot free. The speeding one could be a problem. It is always the cop’s word against yours. The car’s computer may be able to go back to the time of the alleged offense and tell you the actual speed. The cop’s speed equipment must be validated in writing. Hope he doesn’t show in court. It happens. They hope you pay before the court date. Wait and show up early.

    • If you read it actually the permit date is nov/2020 but the driving test was 6/21… Its not a very professional piece of paper but basically they sign the original permit papers when you pass the road test.

  25. During COVID a bill was passed into law allowing drivers to drive with a permit stamped after passing road test.
    My daughter was in an accident with such a license and the police officer initially said it’s not valid, but was willing to take the time to make sure and then showed me on his phone after a google search about this law that was passed. This happened back in February here in Lakewood. He was surprised and was glad that I questioned him. He even apologized for the mistake, Lakewood police #1, try calling the local police and asking them about it, it’s possible that things have changed.

  26. I know you like to bash the cop, but the fact is he was hired by Deal special for the summer to hassle young drivers. All shore towns suffer from rowdy teens who disrupt law and order during the summer. Deal wants to get a reputation that they are strict with the teens in order to deter rowdy behavior.

    Dont go nitpicking the cop that he didnt tell your son about the recording. It was a simple mistake. It doesn’t make him a monster. Remember, we as community supports our cops. Nobody is perfect.

    Here is what you are going to do. Show up in court with your son. Dont come in with a “the cop is corrupt” attitude with your lomdus that you have a migoy on the speeding ticket because the license ticket was false or because the laws of physics prove that he couldnt be speeding. Those are childsih arguments that will get you nowhere. Cops cannot issue false speeding tickets because they need to back it up with their radar data. It is very rare that these tickets get dismissed. So you will act courteously and with respect. You will not take this matter to trial. You will calmly explain to the prosecutor what happened. The license ticket will be dismissed on the spot and the speeding ticket will be changed to a no-point equipment violation to which you will plead guilty and pay the 390 fine. It will be a cheap lesson for your son not to speed when driving through local towns. and you will learn a lesson in humility and thanking Hashem for keeping your kids safe while driving.

  27. You don’t have a dual lens dash-cam?
    They are less than $150.00
    Now you learned your lesson, get your dual lens dash cam.

  28. Speak to Mrs. Shain in Lakewood from Forest Ave
    She advises people with Traffic tickets

    There is also a very good attorney in Belmar who does not charge a lot

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