Leash law and traffic tickets

What is the name of your state (only U.S. law)? NJ
My son hit a dog while driving in a residential area. The dog was not on a leash. The dog accidentally got out of the home and ran in the street. My son stopped. The police were called and a report was made. The police did not issue any tickets. Almost 1 month later, my son received 2 tickets from the dog owner, one for speeding and one for reckless driving.
How valid are these tickets?

From the DOG owner?

An officer or such must sign them. The signature is that of the dog owner you seem to imply?

Traffic ticket and Leash law

Yes, the dog owner signed the tickets.

reader1216 said:

Yes, the dog owner signed the tickets.

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Maybe it is because of some "right to know" law who the complaining witness is if the police do not witness the crime.

Is by chance the owner a policeman?

Regardless, inquire at the courthouse they are issued from, there should be info on the citations concerning that.

If they demand appearance, do so and then challenge the validity of them if still uncertain.

reader1216 said:

Yes, the dog owner signed the tickets.

Click to expand...

I honestly don't know the laws as related to non-law enforcement citizens issuing tickets. However, I suspect he'll want to go to court. The neighbor will have to show up and prove that he was speeding & driving recklessly.

"Citizen complaints" are heard in "municipal court" in "new jersey".

Go to google and eliminate all but the quotes and what's inside.

That is kinda weird citizens can issue tickets in jersey. Figures. Its jersey. I wonder if we can just google someone up in jersey and mail em a ticket.

StevenJ_420Law said:

That is kinda weird citizens can issue tickets in jersey. Figures. Its jersey. I wonder if we can just google someone up in jersey and mail em a ticket.

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It is probably a sub classification of a citizens arrest.

Never heard of it before, but in a state where there is no self serve at the gas pumps, does not surprise me.

anyone can go to a police department and swear out a complaint about someone. You hear all the time states telling people not to get into a road rage encounter with someone they tell you to take down the plate and make of the car call the police and swear out a complaint.

As it was pointed out the person who filled the complaint has to show in court, no show, no fine it gets dismissed.

BOR

The reason for no self sever gas in NJ reduces insurance costs thus cheaper gas, every time I am in NJ I fill up save me $0.20 a gal can not complain about that plus it give kids a job verse working McDonalds

reader1216 said:

Yes, the dog owner signed the tickets.

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How do you know who it was? Do you know the dog owner?

My guess is that an officer issued them and perhaps had them signed by the citizen as a complaining witness, but I have never heard of such a thing and can find no reference to this in NJ.

Just found this...

Legal Question: Citizen's Complaint against speeding - Traffic Law in New Jersey | LawGuru Answers


A person can file a citzens complant.

In order for something to come of it, the person who filed the complaint must appear for a probable cause hearing. This is done without you presence. The judge will determine whether, based upon the citizen's testimony, there is probable cause to issue a complaint against you. If the judge finds no probable cause, no complaint will issue and you will not hear anything from the court. If the judge does find probable cause, you will receive a complaint and the matter will be scheduled for trial, where you can dispute the charges. The finding of probable cause has no bearing on whether you will be found guilty of the charges at trial.

With respect to your chances at trial, your chances are better than if a police officer wrote you a ticket. In that situation, the court usually gives deference to a police officer, but this is not the case when 2 private citizens are involved. The speeding charge will be hard to prove. The improper passing is easier to prove, as the witness could testify that it was a double yellow line and you crossed it. I can't really give a prediction here - it depends upon the judge's evaluation of the credibility of the witnesses.

Highwayman, that makes sense. My initial guess was, at arraignment there would be a PC hearing, and then if PC was found, DP would continue.

I was wondering whether it was a document which already was issued under PC, as we know both citations and arrests must be based on such, or if it simply a subpeona or such to be haled into court for a "show cause" hearing.

I have travelled through NJ, but never had any incidents.

By the way, Walt Whitman's home in Camden is a must see if you are in NJ, it is right across the River from Philadelphia.

Do you think the fact that he assaulted my son gives me any leverage on the outcome?

You never said your son was "assaulted". Are you sure you know what an assault is? Was the dog owner arrested?

You could certainly argue bias on the part of the complainant, but I would perhaps consider consulting an attorney.

My son stopped after he hit the dog and the man ran up to him and grabbed him by the collar and was going the (in the dog owners words) 'beat the s!!! out of him' until he saw his face and realized how bad my son felt.

I did not sign a complaint nor did my son because my son was very upset he hit the dog.

Is there a statue of limitations on assault?