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NJ Allowing Unlicensed Driver

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TheTimeIsNow23

Junior Member
What is the name of your state? NJ

I let a friend borrow my car to see if she wanted to drive it. The car wasn't registerd which I didnt realize so it got towed. It was just parked.

My friend, the alledged unlicensed driver, called the town to ask "Did my friends car that I borrowed get towed". They said yes, I went and picked it up.

A week later I get in the mail a ticket that says "Allowed Unlicensed Driver". She wasn't cited with any tickets, wasn't pulled over or anything.

Can I receive a ticket like this? I have to appear in court to fight this and they keep postponing the date a few days before. I have to keep telling my boss, "I need off next thurs" and then they change the date. It makes me look stupid.

Is this legal? Right? I feel like this ticket is form of harrassment.
 


TheTimeIsNow23

Junior Member
Q: Can I receive a ticket like this? Is this legal? Right?

A: Yes, yes, and yes.
Thanks senior.

Do you think you can elaborate alittle? If a person isn't in the car while it's being driven, and it's just parked than how can an officer presume who was behind the wheel?

If I fought this ticket do you think it would be thrown out?

Thanks
 

TheTimeIsNow23

Junior Member
No presumptions are necessary; your unlicensed friend admitted to borrowing the car already.

Well my friend admitted it but not to the officer but just the dispatcher when looking for the car.

Who's to say that I told her it was ok for her to drive the car? It's not like she got a moving violation but the car was parked when it was towed. I just don't get it.
 

The Occultist

Senior Member
If she didn't have permission to drive your vehicle, then you need to register a stolen vehicle complaint with the police department against your friend. Then, you can bring a copy of your claim to your trial to prove you did not give permission for the vehicle to be driven by her. If you do not file a report, then that is an admission that she had your permission to drive your vehicle.
 

TheTimeIsNow23

Junior Member
I understand that Occultist and thank you for your time.

What I guess I don't understand is why she's in the equation at all. She just called on my behalf to find out where the car was. She didn't give testimony under oath that she was driving the car. I just didn't know that an officer can give a ticket, especially to a car owner, after the fact and based upon what a person says just in passing conversation.

I guess now I know.

Thanks.

By the way I've never been given a ticket in my life and have no record of any kind. I think this particular ticket is wrong and out of line. But I've been wrong before!

Thanks again.
 

TheTimeIsNow23

Junior Member
Well SeniorJudge and Occultist, it appears although you were right about the legality of the ticket you were too harsh on what the outcome might be.

SeniorJudge you said that the ticket I received was both legal and right. I tried to plead guilty in this case but the judge wouldn't accept it. He said the ticket was ridiculous and threw it out.

We don't live in a communist state. Common sense prevailed here.
 

The Occultist

Senior Member
While I'm happy things worked out for you, keep in mind that not every judge would have ruled the same way, so I hope that you still learned a lesson from all of this and you yourself can apply good judgment and "common sense" to your decisions in the future. :)
 

TheTimeIsNow23

Junior Member
I without a doubt will be less trusting in the future and acknowledge my mistake. I am a bit more optimistic in the justice system b/c of this experience.

I agree that every judge would not have ruled the same way in this situation. I do think the judge was very fair. He saw beyond the ticket and "judged" my intent. I'm a hardworking citizen and he could see that there was no intent to break the law. That is why I believe he would not accept my guilty plea and threw the ticket out.

He was fair. Personally to have ruled the other way would have been unfair and would have been an afront to what I believe the law is really there for. People who deliberately allow unlicensed driver (knowing they're unlicensed) to operate their vehicle who are maybe underage or whatever.

On a side note to all appearing before a judge, when I went there I was VERY respectful to the court, I was early, I was dressed respectfully, I didn't say things in court like "huh", "wha", or "ya". I can't tell you how many people there were there in tshirts, shorts, wore their hats in the court, didn't speak clearly or consisly, had all their tatoo's showing off,.... many people display an utter disresprect for the court. I also believe my manorism's spoke for themselves and allowed me to get the benefit of the doubt.
 
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