Their word against mine?

What is the name of your state?What is the name of your state? NJ

I'm new here, and have a problem and question. My problem is that I received in the mail a ticket for Careless Driving. One day a couple of weeks ago, on my way home from work, I went around a car where the driver was swerving and going 10 mph under the speed limit. The driver was on her cell phone (against the law in NJ). It was a no-passing zone, but she was half off the road, in the shoulder. As I passed her, she tried to swerve back onto the road where I was. I suppose she didn't like me going around her, because she then tailed me, and tried to pass me. A half an hour later, the police were at my door. They told me that she filed a complaint. If anyone should should have filed a complaint, it should have been me. My question is - Can I be found guilty of Careless Driving? It's her word against mine, and I didn't even do anything wrong. Also, should I get a lawyer to represent me?

Any help would be appreciated.
Thank you.

"It was a no-passing zone, but she was half off the road, in the shoulder. As I passed her, she tried to swerve back onto the road where I was."

Is passing in a no-passing zone considered careless driving in your state?

Call the clerk of court and find out the procedure for entering a not guilty plea. Many courts will let you do this by mail and avoid the arraignment. Then they will set a court date. If the complaintant does not appear you can request dismissal. If she does show up you can tell your story and she will tell hers and the judge will decide.

Why not file a cross complaints for obstruction of traffic, talking on her cell phone, trying to run you off the road and aggressive driving?

I'm not sure of the word of the law, but I think Careless Driving is a pretty broad term.

So, what you're telling me is, anyone can file a complaint, lie about what happened, and as long as it sounds good, the judge will hand out a sentence, even without any evedence or proof? It's just her word against mine. How can a judge believe one persons word over anothers?

"So, what you're telling me is, anyone can file a complaint, lie about what happened, and as long as it sounds good, the judge will hand out a sentence, even without any evedence or proof? It's just her word against mine. How can a judge believe one persons word over anothers?"

If a private citizen believes a crime has been committed, he reports it to the cops.

If the cops believe the report is credible, they investigate.

If the report is supported by some kind of evidence, it is turned over to the prosecutor.

If the prosecutor believes that a charge should be filed, he files it.

The defendant pleads guilty or not guilty. If he pleads guilty, he is sentenced. If he pleads not guilty, there is a trial. If he found guilty, he is sentenced. If he is found not guilty, then there is no conviction.

During the trial, the judge must weigh the evidence. If it is credible, it is allowed in.

And that's why I'm confused. There was no accident, and no damage. When the cop came to my door, she laughed about it, and said "no harm, no foul".

There can't be any evedence, I didn't do anything wrong. I don't understand why I have to go to court. I feel like she's going to blind side me with a bunch of lies.

Should I get a lawyer?

And, thanks again for your help.

"Should I get a lawyer?"

This is 100% your decision.

seniorjudge said:

If a private citizen believes a crime has been committed, he reports it to the cops.

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Normally, that is correct... but NOT in this case.
As in this case, a citizen files the complaint with the local police, the police are then simply the 'citing agency'.... and issue the violation based on the oath/affidavit of the complaining witness.

If the cops believe the report is credible, they investigate.

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Wrong. In a citizen complaint like this, there is NO investigation (as there is nothing to 'investigate').

The citizen is expected to show up in court as a witness to the violation. And in that case, yes, it is your word against hers. The court will hear both sides.... and decide which is the more credible, presumably, ruling as such.

"...As in this case, a citizen files the complaint with the local police, the police are then simply the 'citing agency'.... etc."

It's worse than I thought!

seniorjudge said:

It's worse than I thought!

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Yep. Done all the time.... called a 'citizen arrest'.

One possible bright side... is the 'citizen' is not afforded the immunity that the police would have, so it MIGHT be possible for the OP to recover his REASONABLE costs.

It's worse than I thought! [/QUOTE]


Yeah, the justice system is worse than I thought too. It looks like I can be punished for something that I didn't do, just on someone's word, with no evidence.

I thought it was "Innocent until PROVEN guilty".

"Done all the time.... called a 'citizen arrest'."

In the old days, the only way a citizen could arrest was if he actually witnessed a felony. The citizen, of course, did indeed have strict liability.

I was just giving a general overview of the how the criminal justice system works (word used advisedly).

mikegarwood said:

I thought it was "Innocent until PROVEN guilty".

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And what makes you think you ARE guilty (conscience??)??

At this point you are considered innocent. As stated, the other party will be allowed to present their case against you.... and you will be allowed to present your defense. Just like ANY other 'criminal' matter.
In the likely event (my opinion) that they can NOT show, beyond a 'reasonable doubt' that you were driving carelessly, you will be found 'not guilty'.

I will also add, that your own admission that you passed the 'complainant' in a no-passing zone could easily be found to be 'careless driving'.
Here is the statute in New Jersey:
39:4-97. Careless driving
A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

"And what makes you think you ARE guilty (conscience??)??"

Here's my guess:

"...It was a no-passing zone, but she was half off the road, in the shoulder. As I passed her, she tried to swerve back onto the road where I was."