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careless driving ticket: what do I do?

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S

shoppedout

Junior Member
What is the name of your state (only U.S. law)? NJ

I recently got a ticket for careless driving in a construction zone. The zone was not clearly marked and and I would not have driven into the lane if it had been. The cop was not interested in what I had to say and gave me the ticket. The ticket says I do not need to appear in court and when I called the court to find out the fine, the person told me all I have to do it pay it. However, I do not know if there are points associated with this. I have never had a ticket in my life and have no idea what to do. Do I just pay it, go to the court date and try to get points reduced or eliminated, or pay it along with a letter and hope no points are charged? I would like to pay a fine and not have any points. Thanks.
 


HighwayMan

HighwayMan

Super Secret Senior Member
It would help if you let us know what you were actually charged with - what law and section.
 
W

wrongsometimes

Member
The relevant paragraph of N.J.S.A. 39:4-97 reads:

"A person driving a vehicle on a highway shall drive it at a careful and prudent speed, not greater than is reasonable and proper, having due regard to the traffic, surface and width of the highway, and of any other conditions then existing, and no person shall drive a vehicle on a highway at such a speed as to endanger the life, limb or property of a person."

from:
"4-97" - Google Scholar


so were you driving as such? And there must actually be people around in the area that you drove; people down the road are not relevant if they wish to claim this section of the law. see:

"4-97" and eluding - Google Scholar ... state v dorko
 
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W

wrongsometimes

Member
shoppedout said:
What is the name of your state (only U.S. law)? NJ

I recently got a ticket for careless driving in a construction zone. The zone was not clearly marked and and I would not have driven into the lane if it had been. The cop was not interested in what I had to say and gave me the ticket. The ticket says I do not need to appear in court and when I called the court to find out the fine, the person told me all I have to do it pay it. However, I do not know if there are points associated with this. I have never had a ticket in my life and have no idea what to do. Do I just pay it, go to the court date and try to get points reduced or eliminated, or pay it along with a letter and hope no points are charged? I would like to pay a fine and not have any points. Thanks.
Click to expand...
I would think that if you driving at a safe speed with no cars/property around then you are not guilty --- just driving in a construction area is not enough to convict. I would think that even driving on the wrong way on a highway would not be enough if you are driving at a safe speed and no one is around.
 
I

I_Got_Banned

Senior Member
wrongsometimes said:
I would think that even driving on the wrong way on a highway would not be enough if you are driving at a safe speed and no one is around.
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wrongmostofthetime...

Would not be enough for what? While it might not be "enough" to establish "careless driving", Driving on the wrong side of a highway is, in and of itself, a different violation regardless of whether it was done at a "safe speed" or not!!!
 
W

wrongsometimes

Member
I_Got_Banned said:
wrongmostofthetime...

Would not be enough for what? While it might not be "enough" to establish "careless driving", Driving on the wrong side of a highway is, in and of itself, a different violation regardless of whether it was done at a "safe speed" or not!!!
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I did not say it would not be a violation, just not a violation of careless driving. So we agree on one: pop the cork on that champaignia!
 
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I_Got_Banned

Senior Member
wrongsometimes said:
I did not say it would not be a violation, just not a violation of careless driving. So we agree on one: pop the cork on that champaignia!
Click to expand...
Don't celebrate yet...

wrongsometimes said:
just driving in a construction area is not enough to convict.
Click to expand...
The OP was not cited for simply driving through a construction zone... He she was cited for "driving at a speed that is less than careful and prudent... greater than is reasonable and proper, without having due regard to any conditions then existing (a construction zone), and ... at such a speed as to endanger the life, limb or property of a person (including the officer the the vehicle he/she was driving)."

Furthermore, I'm not sure why you posted the two case law citations above. I would ask you to elaborate as to how they apply or how they could help the OP in any way... But my guess is that you simply searched for "39:4-97" and posted whatever came up without reading either.
 
W

wrongsometimes

Member
I_Got_Banned said:
Don't celebrate yet...


The OP was not cited for simply driving through a construction zone... He she was cited for "driving at a speed that is less than careful and prudent... greater than is reasonable and proper, without having due regard to any conditions then existing (a construction zone), and ... at such a speed as to endanger the life, limb or property of a person (including the officer the the vehicle he/she was driving)."

Furthermore, I'm not sure why you posted the two case law citations above. I would ask you to elaborate as to how they apply or how they could help the OP in any way... But my guess is that you simply searched for "39:4-97" and posted whatever came up without reading either.
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I recently got a ticket for careless driving in a construction zone.

Are you saying it has noting to do with a construction zone; YOU need to read the original posting instead of spewing out garbage
 
I

I_Got_Banned

Senior Member
wrongsometimes said:
I recently got a ticket for careless driving in a construction zone.

Are you saying it has noting to do with a construction zone; YOU need to read the original posting instead of spewing out garbage
Click to expand...
You're obviously an idiot... So re-read the following (slowly this time) in hopes that you can understand what I'm saying:

I_Got_Banned said:
The OP was not cited for simply driving through a construction zone... He she was cited for "driving at a speed that is less than careful and prudent... greater than is reasonable and proper, without having due regard to any conditions then existing (a construction zone), and ... at such a speed as to endanger the life, limb or property of a person (including the officer the the vehicle he/she was driving)."
Click to expand...
 
W

wrongsometimes

Member
I_Got_Banned said:
You're obviously an idiot... So re-read the following (slowly this time) in hopes that you can understand what I'm saying:
Click to expand...
On my god! There is zero in the post about the officer being in any danger. Quit with the "oh you could have hurt the cop". Cops have one of the safest employments. (see Census of Fatal Occupational Injuries News Release). I am quite certain that in my military hitch I faced more dangerous situations than 99.99% of cops. So, cry a river of tears over these over paid public servants to another.
 
HighwayMan

HighwayMan

Super Secret Senior Member
This is the statute:

39:4-97. Careless driving

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.

Amended 1951,c.23,s.54; 1955,c.220,s.2; 1995,c.70,s.3.
 
HighwayMan

HighwayMan

Super Secret Senior Member
shoppedout said:
I recently got a ticket for careless driving in a construction zone. The zone was not clearly marked and and I would not have driven into the lane if it had been.
Click to expand...
You got a ticket for careless driving, period. There is no need to prove that the construction zone was properly marked, since that's not an element of the offense.

The fact that there was a construction zone simply makes it easier to articulate the careless aspect of the vehicle operation.
 
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