• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I do anything?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jamieflyn

Junior Member
What is the name of your state? NJ

I was driving in the left lane passing traffic on a 4 lane high way. I saw a cop and slowed down to 70 in a 65. I was still passing traffic, and there were no cars behind me. 2 Exits later, (about 2 miles), he pulls me over.

First he tries to tell me that I was speeding, because he paced me(75 in a 65). I replied to that with "I wasn't speeding, I know that I was doing the speedlimit". Then he tells me that I'm guilty of being in a left lane, I'm 50/50 on this, because there was never an opportunity to merge, and I did eventually merge into the middle lane, WAY before he flipped on his lights, and was in the the right lane when his lights went on.

The thing that does piss me off, is that when he came back he gave me a ticket for careless driving. He said and I quote "I'm going to give you a break, so I'll cite you with careless driving."

Now last I checked, Careless driving is much worse to have on your record than being a left lane hog. Even though they are both 2 points, careless driving also carries a harsher fine($50 more or so).

Now I'm definetly taking this to court, I don't want to be extorted, by a cop who decided to single me out, and I have a ton of free time. What should my plan of attack be?

My guess is that he won't even show up to court, since its peanuts(happened with my last ticket 62 in a 40). Also he was a state trooper, and its going to be in a municipal court
 
Last edited:


cepe10

Member
You have to prepare based on the letter of the law...

39:4-97. 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.

Your job is to show reasonable doubt...

You already have a good explaination. prepare questions to ask the trooper while he is on the stand.

Is using the passing lane at or near the speed limit endangering person(s) or property?
Etc.

You could ask for a continuance to maximize the chance of the trooper not showing.

As for impeding I don't believe he could cite you for that unless there was a que of cars building up behind you.
 
What is the name of your state? NJ

I saw a cop and slowed down to 70 in a 65. I was still passing traffic, and there were no cars behind me.

First he tries to tell me that I was speeding.... I replied to that with "I wasn't speeding, I know that I was doing the speedlimit.

Then he tells me that I'm guilty of being in a left lane, I'm 50/50 on this, because there was never an opportunity to merge, and I did eventually merge into the middle lane, WAY before he flipped on his lights, and was in the the right lane when his lights went on.

Now I'm definetly taking this to court, I don't want to be extorted, by a cop who decided to single me out, and I have a ton of free time. What should my plan of attack be?
You're gonna have to prove that the truth is not true. Establish that 70 in a 65 is "not speeding", that it is "singling out" to ticket the one car that was passing all the others, and that there is a center lane on a 4-lane highway and you were in it. If he don't show up, it means you are innocent.
 
You're gonna have to prove that the truth is not true. Establish that 70 in a 65 is "not speeding", that it is "singling out" to ticket the one car that was passing all the others, and that there is a center lane on a 4-lane highway and you were in it. If he don't show up, it means you are innocent.
The charge was not speeding though....and she does not have to testify as to her speed...
 

jamieflyn

Junior Member
my plan of attack is as follows:

I'll start by asking about the situation first, to get him to relax. Car model, area where it happened etc. Then I'll ask him what lane I was in, when he turned on his lights.

Then move on to him describing whats his definition of careless driving is?

Then ask what things I did that qualify for that.

Honestly, I don't think he'll be able to answer anything, so motion for dismissal here.

If he makes up something that isn't true, but something I can't disprove, I'll go ahead and bring up the "Isn't it true, that the reason you gave me when you pulled me over was my being in a left lane?"

He'll have to answer yes. To which I'll reply, But you just said not 5 minutes ago, that I wasn't in the left lane. Then motion to dismiss, based on the fact that his story isn't consistent.

If it goes to closing arguments, I'll go with I wasn't involved in careless driving, the officer stated that he pulled me over for being in the left lane, yet when his lights went on, I was already 2 lanes over. And the fact that officer thought he was giving me a break, when in reality he was giving me a harsher punishment, shows that the officer lacks the necessary training to give out tickets.


Should I even bring up the being in the left lane? Or will the judge just go and say ok, I'm amending your charge to being in the left lane, pay the fine on your way out, w/o me being able to disprove the left lane thing?
 

jamieflyn

Junior Member
also another thing

on the back of the ticket, it says "if you wish to plead not guilty you must notify the court at least 7 days prior to court date"

I recieved the ticket 12/13/06, and the court date is on 12/20/06.

I called the day off, they didn't have the ticket yet
I called today, 12/15/06 no ticket yet either.
They told me to call back Monday 12/18/06...just 2 days prior.

Is there any way I can exploit this?
 

jamieflyn

Junior Member
another thing i noticed

under conditions he checked off that it was raining...which it wasn't

I got a print out from weather.com that said it stopped raining an hour before, will that fly in court?
 

jamieflyn

Junior Member
its monday and they still don't have the ticket in the system :rolleyes:

Court date is Wednesday, what happens if they don't have the ticket in the system by then?:confused:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top