Stuck between a rock and a hard place...

[Kat2611]

Hello, I'm located in northern NJ and I currently have a legal dilemma. I had merged onto Route 22 Westbound, put on my blinker and checked my side and blindspot. While moving into the left hand lane my car struck the passenger side rear fender of another car. This car had been at least three car lengths behind me when I initially checked my blindspot.

Immediately after we collided, I put on my hazards and jumped out of the car to make sure the other driver was alright. The other driver was talking on his cellphone without using a hands free device, and this was after NJ had passed the law requiring use of hands free devices. I told the driver that I was moving my car to a parking lot adjacent to the site of the accident. I moved my car and was waiting in the parking lot for him to follow and that's when an officer showed up to the scene. The officer blocked the road for the other driver to move his car to the parking lot.

I told the officer what happened and informed him that either the driver sped up to pass me, or had been distracted because he was talking on his cellphone. I also informed him that he had not been using a hands free set. The officer told me that he couldn't give the other driver a ticket because he didn't see him on his cellphone...but then he gave me a ticket for an unsafe lane change!

If the officer didn't see the other driver on his phone, how can he write me a ticket for an unsafe lane change that he wasn't present to see? The ticket offense was 39:4-88b. Can anyone tell me how much the fine is for this ticket and how many points it would put on my license? I don't want to have to pay for a lawyer, but I'd rather pay a little more for representation than get points on my license that will affect my insurance. Can anyone out there give me some information and advice?What is the name of your state?

[tranquility]

Some police officers have the benifit of dealing with things not in their direct experience. It seems the case here. At the end of the day, it depends on your argument. The cop will testify and you will counter. Good luck.

[racer72]

If the officer didn't see the other driver on his phone, how can he write me a ticket for an unsafe lane change that he wasn't present to see?

2 damaged cars and your confession is enough to warrant the citation.

[The Occultist]

No matter how fast a vehicle is going, even if exceeding the speed limit by quite a bit, you may not change lanes to cut in front of them; that is what defines an unsafe lane change, especially if the vehicle managed to get ahead of you so that you ended up striking the rear fender!

[Hey There]

5-20-08
Kat2611

39:4-88Vehicle Code

b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
2-points.

Type in on Google involved in an accident in N.J.
Clicking on the website
New Jersey (NJ) Car & Auto Accident Attorney & Lawyer Lloyd will give you information on what to do after an accident including notifying your insurance agent.
The sites on the web page are useful for general guidelines on what to do following an accident and are not meant as an suggestion to retain a particular lawyer or even to retain a lawyer.
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When a driver is involved in an accident the driver is advised to consult with a lawyer if the driver plans to contest the violation.
The driver should check with his Insurance Co. or lawyer that if he pays the ticket without appearing in court will he be protected from civil liability?
A lawyer and/or the insurance agent should be able to advise the driver in this situation if there is any defence to this violation due to the increase of speed by the driver whose car was struck.
(Source:Beat Your Ticket etc published by NOLO).

Regards,
Hey There