Take pictures of the lack of speed limit signs and lack of striping. The charge is vague. I would go to court and dispute it since it sounds like you did nothing careless.
9:4-97. 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.
If it was a public road enforcement would apply. Private parking lots and the drive aisles are not included in the NJ statutes...
39:4-8.3 Regulation of traffic, parking on public highways, transportation systems.
2. a. Notwithstanding the provisions of any other law to the contrary, the Commissioner of Transportation, in accordance with the provisions of this act, may by written order provide for the regulation of traffic and parking on
public highways or transportation systems under the jurisdiction of the commissioner and for the establishment, operation, control and maintenance of official traffic control devices thereon where the provisions of chapter 4 of this Title authorize the commissioner to regulate such traffic and parking by rule or regulation. An order issued pursuant to this act shall conform to the same requirements of this Title concerning examination, investigation or study as apply in the case of the rule or regulation in place of which the order is being issued.
b.An order issued pursuant to subsection a. of this section shall be binding and enforceable in accordance with the provisions of this act and any official traffic control device established thereby shall conform to the "Manual on Uniform Traffic Control Devices."
c.The provisions of this act shall not apply to public highways or transportation systems under the jurisdiction of a county or municipality.
L.1998,c.28,s.2.
Quote:
Originally Posted by GeoGeo3  What is the name of your state? New Jersey
What is the name of your state? New Jersey
After a bit of shopping at one end of a strip mall, I drove my car on the 'main drag' towards the exit at the opposite end. There was only one car in front of me and no cars behind me. At about the mid-point of the strip mall, the car in front of me braked pretty hard and began to turn right into a lane - probably to go into a prime parking space that she saw. I looked ahead and saw no one coming and no pedestrians from either side and steered to the left to go around, gave the accelerator a bit more gas than necessary and eased back into my lane. My window was down on a sunny, warm day and I heard a "HEY!" shout. I turned my head to see a cop in front of the Dunkin Donuts door and he motioned me to pull over. Of course, I complied - as I saw his vehicle parked in a space, I carefully parked next to him. He was beside himself shouting that I was gonna "pay for that" and "do you know what the speed limit is" - to which I answered "no sir". Look, I'm 50 years old and haven't got a traffic ticket since I was 17. I drive a 1997 Grand Caravan - I am not some still wet behind the ears speedster. Although I likely exceeded 15 mph, I seriously doubt I did by much. No one other than the cop was around, no horns sounded and I jsut think he was looking to smack someone with a ticket. He gave me "Careless Driving" - I read the statute and it would seem to cover any transgression under the sun.
I checked and there are no signs indicating speed, no lines down the 'main drag' area to indicate 'no passing' - nothing other than a few faded arrows on the pavement that are nearly invisible indicating direction of travel - and they are 200 feet apart and both sets in very faded condition.
Do I take my lumps and first license points or do I go to court? Geo |
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