Hello, I'm located in northern NJ and I currently have a legal dilemma. I had merged onto Route 22 Westbound, put on my blinker and checked my side and blindspot. While moving into the left hand lane my car struck the passenger side rear fender of another car. This car had been at least three car lengths behind me when I initially checked my blindspot.
Immediately after we collided, I put on my hazards and jumped out of the car to make sure the other driver was alright. The other driver was talking on his cellphone without using a hands free device, and this was after NJ had passed the law requiring use of hands free devices. I told the driver that I was moving my car to a parking lot adjacent to the site of the accident. I moved my car and was waiting in the parking lot for him to follow and that's when an officer showed up to the scene. The officer blocked the road for the other driver to move his car to the parking lot.
I told the officer what happened and informed him that either the driver sped up to pass me, or had been distracted because he was talking on his cellphone. I also informed him that he had not been using a hands free set. The officer told me that he couldn't give the other driver a ticket because he didn't see him on his cellphone...but then he gave me a ticket for an unsafe lane change!
If the officer didn't see the other driver on his phone, how can he write me a ticket for an unsafe lane change that he wasn't present to see? The ticket offense was 39:4-88b. Can anyone tell me how much the fine is for this ticket and how many points it would put on my license? I don't want to have to pay for a lawyer, but I'd rather pay a little more for representation than get points on my license that will affect my insurance. Can anyone out there give me some information and advice?What is the name of your state?
Immediately after we collided, I put on my hazards and jumped out of the car to make sure the other driver was alright. The other driver was talking on his cellphone without using a hands free device, and this was after NJ had passed the law requiring use of hands free devices. I told the driver that I was moving my car to a parking lot adjacent to the site of the accident. I moved my car and was waiting in the parking lot for him to follow and that's when an officer showed up to the scene. The officer blocked the road for the other driver to move his car to the parking lot.
I told the officer what happened and informed him that either the driver sped up to pass me, or had been distracted because he was talking on his cellphone. I also informed him that he had not been using a hands free set. The officer told me that he couldn't give the other driver a ticket because he didn't see him on his cellphone...but then he gave me a ticket for an unsafe lane change!
If the officer didn't see the other driver on his phone, how can he write me a ticket for an unsafe lane change that he wasn't present to see? The ticket offense was 39:4-88b. Can anyone tell me how much the fine is for this ticket and how many points it would put on my license? I don't want to have to pay for a lawyer, but I'd rather pay a little more for representation than get points on my license that will affect my insurance. Can anyone out there give me some information and advice?What is the name of your state?