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Careless Driving in New Jersey

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darwerble

Junior Member
What is the name of your state? New Jersey

Hello all,

I live in Ridgefield in New Jersey, I have never had a moving violation of any kind, nor too many tickets at all, i'd say maybe 5-6 parking tickets, in about 8 years of driving.


one evening as i was driving home, coming north on bergen blvd, which is a two way main street, with a third lane in the center for turns only, i was behind a vehicle who was going about 15 mph in a 35 zone with his right signal light on, which from my perspective is the curbside, i drove slowly behind him, dropping speed to allow for space, the vehicle seemed to pull to the side of the road finally, but in a sort of crooked fashion, so i went and passed him, followed by the other 20 some odd vehicles that were lining up behind this guy, bing bang boom a cop comes rushing out of a side street, pulls me over and approaches the car,

when she gets up to my window, i have the window down, license and reg. in hand,
and the following is said:

PO: license and registration, do you know why i stopped you?

ME:No officer.

PO: you passed multiple vehicles where there is no passing, and crossed the double yellow line

ME: officer, I don't want to argue, but I believe I passed one vehicle, that was pulled over.

PO: wait right here.


about 10 mins goes by, multiple police vehicles pull up and around
she approaches the car again.

PO: I could have given you a reckless driving ticket that would have been 4 points, but I'm giving you this careless driving ticket instead, pay the fines, or go to the courtdate.

ME: Ok.


So to further complicate things, I'm currently enrolled in EMS training in bergen county, and I'm pretty sure that you arent allowed to ride in an ambulance when you've got moving violations, plus, my class is state mandated, i have to appear for each class, and it happens to fall on the only evening that Fairview, the town i received the ticket in, has traffic court.

i called to set a date, and they told me i could explain my case to the public defender, what should i do, i'm truly feeling desperate, i feel like i got this ticket for absolutely nothing, and now i'm staring down huge fines, and possibly losing a career i was training for, and also spent money on..


thank you for any help kindly and sincerely

steve.:confused:
 


Hey There

Member
The Ball is in your court

2-6-08
darwerble

IS THIS WHAT YOU WERE CITED FOR?
39:4-97 Careless Driving

1. A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.

According to a book published by NOLO, Beat Your Ticket, Go To Court & Win for an officer to cite a driver for careless driving the officer must have observed the driver causing an accident or forcing another car off the road.
Nothing in your post suggests that another driver was endangered by your actions such as slamming on his brakes, laying rubber,taking evasive action to avoid an accident, sounding a horn.

DISCOVERY IS AVAILABLE IN NEW JERSEY
A request for a copy of the officer's notes, copy of the front and back of the ticket and copies of all other evidence the officer plans to use in court, both written and recorded can be made by a driver in New Jersey to the officer who issued the citation and to the Municipal Prosecutor.
The Request for Discovery should include
1. the name of the court where the trial will be held,
2.The people/State of --------- vs(name of cited driver)defendant
3. Court Docket#, Citation#,Date issued,Name & badge # of citing officer.
4. Prosecutor of (City)
5. The driver states what copies of items he is requesting the citing officer to provide.
6.The defendant gives the name and address of any witnesses that will testify at trial if any.
7.Copies of NOTES, if any that the driver made IMMEDIATELY after the ticket was issued.
The driver then dates his request ,signs it, prints his name followed by his address and telephone number.
Next, the driver makes two copies, one for the citing officer, one for the Municipal Prosecutor. He gives the copies to a friendwho puts each copy into an envelope which he mails certified, return receipt and signs a proof of mailing for both items which he gives to the driver.
{Based on information and a sample Discovery Request in Chapter 9-pages 12,13,14, of the above mentioned book which also gives instructions on how to file for a Hearing to Dismiss if Discovery isn't provided.}
Under the Court Rules, discovery should be supplied within twenty 20) days .(Other website)

Is a court appearance mandatory?

A CONTINUANCE
A continuance can be requested (a later date to appear in court)
if a driver requires more time to prepare his case etc.
A court clerk in which the case will be heard can advise if a continuance can be granted by phone, or if the driver should appear in person at the clerks department or send a letter certied,return receipt and to whom.

Some lawyers will give a one time consultation to advise a defendant of his rights or charge a nominal fee($50.00?). The driver can decide whether he want to retain the lawyer.A lawyer should be able to tell you if A Trial by Affadavit is available for a driver cited for a traffic violation in New Jersey and IF the driver still has the right to request a NEW trial before a judge if he is ruled against. This might be an option to consider as long as the right to trial isn't relinquished by filing a Trial by Affadavit.

One website Speeding Ticket --Fighting or Plea Bargaining found through Google has information on court procedure ,that applies to all drivers cited for a traffic violation. By going to the bottom of the first page and clicking on the Table of Contents a driver can choose which sections to read.
There are other sources, including the above mentioned book which can help with preparing a proper defence by selective searches (KEY WORDS) on the internet.

Best Regards,
Hey There
 
Last edited:

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