Not Guilty Plea to Careless Driving in NJ

[At1antis]

What is the name of your state? NJ

Below is a prepared statement I plan to read in court to plead Not Guilty to a careless driving charge (39:4-97) in NJ. Please let me know if there is any way I can improve the statement, particularly the underlined the portion, or comment on my chances of getting this dismissed. Thanks, I appreciate your help.

"I was driving up Pleasant Grove Road towards Schooley's Mountain Road at 7PM on Oct. 11 going at approximately the speed limit of 40mph in a Toyota Solara. It was nighttime, and the roads were slippery because it had just rained. I was driving at least 2 car lengths behind the Scion tc in front of me down a hill, when a deer ran across the road, creating a sudden emergency that caused the Scion to brake abruptly to avoid hitting the deer. I pressed the brakes as soon as I saw the Scion brake lights turn on; however the short notice combined with the slippery, downhill road and the fact that the smaller Scion was able to stop faster caused me to skid into the car in front of me.

The damage to the cars was so minor that neither party has filed an insurance claim yet. I called 911 to file a police report and the officer who came to make the report issued me a careless driving summons. He said I was clearly at fault, but that I should appear in court and I should be able to plead to a lesser charge. I don't believe that I am guilty, and the cause of the accident was clearly the sudden appearance of the deer that crossed the road.

Regarding the plea the officer referenced, I offered to plead to the lesser offense 39:4-56 Delaying Traffic at my first appearance, however the Liutenant advised me that the judge would not accept this plea. I would still consider pleading to this lesser charge if it is acceptable to the court."

 

[racer72]

Don't read your statement.

when a deer ran across the road, creating a sudden emergency that caused the Scion to brake abruptly to avoid hitting the deer. I pressed the brakes as soon as I saw the Scion brake lights turn on; however the short notice combined with the slippery, downhill road and the fact that the smaller Scion was able to stop faster caused me to skid into the car in front of me.

Right there is all the proof the court needs to find you guilty. Night time, wet roads, etc., it is obvious you were not driving in a safe manner or the collision would not have happened. The deer would be called a contributing factor, your negligence was the primary factor for the accident.

Don't admit to anything, talk to the prosecutor before court to see if you can make a deal for a reduced charge, accept driving school if offered. Don't read your statement.

 

[At1antis]

Thanks for your input. I have already had a first appearance, and the prosecutor is not offering a plea for this incident due to my driving history.

Are you saying the collision is proof enough of careless driving? Isn't there any circumstance where a collision would not be de facto proof of careless driving?

The relavant statute reads as follows: 39:4-97 provides that...“[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

Don't they have to actually show that I was driving in a manner likely to endanger someone? Surely some accidents are unavoidable, even if you don't consider this one unavoidable. Thanks again.

Edit: Given that there are no possible pleas, I might as well plead Not Guilty, what do you recommend I say? Leave out the parts about the conditions of the road and emphasize the deer?

 

[The Occultist]

The PROOF is the fact that you collided with the vehicle in front of you. Had you been driving with "due caution and circumspection", you would not have hit the vehicle in front of you. It is as simple as that. I'm having trouble seeing why you find this concept to be so difficult so accept.

For the record, I was always taught, correct or not, that your following distance, in GOOD driving conditions is 1 car length for every 10 mph. You were driving 40, so you should have been 4 car lengths behind, and that doesn't account for the slippery roads.

 

[At1antis]

Well as I said, I assumed at least some accidents could be considered unavoidable. In any case, I have to give some statement, so I guess I will just talk about the deer and hope for the best. If anyone has any input on how to improve it, I'd appreciate it. Thanks.

 

[The Occultist]

Well as I said, I assumed at least some accidents could be considered unavoidable.

But that's the point, the collision was VERY avoidable. All you had to do was retain a safe following distance. The idea behind a safe following distance is that you are supposed to be able to come to a complete stop WITHOUT hitting the vehicle in front of you. Obviously you did not comply. Unless you have a high-priced attorney representing you to try and use your argument, you're going to be laughed out of court.

 

[VeronicaLodge]

What is the name of your state? NJ

Below is a prepared statement I plan to read in court to plead Not Guilty to a careless driving charge (39:4-97) in NJ. Please let me know if there is any way I can improve the statement, particularly the underlined the portion, or comment on my chances of getting this dismissed. Thanks, I appreciate your help.

"I was driving up Pleasant Grove Road towards Schooley's Mountain Road at 7PM on Oct. 11 going at approximately the speed limit of 40mph in a Toyota Solara. It was nighttime, and the roads were slippery because it had just rained. I was driving at least 2 car lengths behind the Scion tc in front of me down a hill, when a deer ran across the road, creating a sudden emergency that caused the Scion to brake abruptly to avoid hitting the deer. I pressed the brakes as soon as I saw the Scion brake lights turn on; however the short notice combined with the slippery, downhill road and the fact that the smaller Scion was able to stop faster caused me to skid into the car in front of me.

The damage to the cars was so minor that neither party has filed an insurance claim yet. I called 911 to file a police report and the officer who came to make the report issued me a careless driving summons. He said I was clearly at fault, but that I should appear in court and I should be able to plead to a lesser charge. I don't believe that I am guilty, and the cause of the accident was clearly the sudden appearance of the deer that crossed the road.

Regarding the plea the officer referenced, I offered to plead to the lesser offense 39:4-56 Delaying Traffic at my first appearance, however the Liutenant advised me that the judge would not accept this plea. I would still consider pleading to this lesser charge if it is acceptable to the court."

for what its worth, i don't think the cause of the accident was the dear that crossed the road but that you were driving too fast and too close behind the driver in front of you FOR THE ROAD CONDITIONS. i know you said you were driving the speed limit and were 2 car lengths behind but then you also said the road was wet, slippery and you were traveling down hill. a prudent and careful driver would have reduced his speed and increased his space between him and the driver ahead of him in such known road conditions.

 

[45Frank]

I lived in NJ for years and was charged with the same thing in Wall twp. about 1981, simular reason. The van infront of me was backing up on a major road and I ran into the rear of him.
The Judges "if you had control of your vehicle you would have avoided the accident even if the van was going 45 mph in reverse". Go figure.
I was found guilty.

 

[VeronicaLodge]

well i find your situation a little different. i mean if he was going in reverse on a road, he was technically going the wrong way right?

 

[45Frank]

Well we both hit something in the rear, the amazing part was I had little to no demage to my Jeep but his van was nearly totally I ended up abpout 2 feet into is van.
My point was in NJ you are had, but good luck anyway.

 

[At1antis]

Thanks for all the input, the prosecutor agreed with you guys btw and said that the only way I'd have a case is if the car in front had hit the deer. Somehow I got lucky and the prosecutor allowed me to plead to Delaying Traffic, a no-point violation with no surcharge either. I enjoyed reading your comments, and good luck in your case 45Frank.

 

[The Occultist]

Thanks for all the input, the prosecutor agreed with you guys btw and said that the only way I'd have a case is if the car in front had hit the deer. Somehow I got lucky and the prosecutor allowed me to plead to Delaying Traffic, a no-point violation with no surcharge either. I enjoyed reading your comments, and good luck in your case 45Frank.

You were indeed lucky! Hopefully you have learned a lesson here and you won't be rear-ending anymore vehicles!

 

[VeronicaLodge]

Thanks for updating us! I love when people come back and update us.