Ticket in NJ for 39:4-36 Driver to yield to pedestrian AND 4-97 Careless driving

[gtcutie007]

My question involves a careless driving ticket from the State of: New Jersey

Hello,

This driving incident happened right across from where I live when we were heading to an interstate on a long weekend with 5 others(including myself) in the car. My grandfather aged 85 yrs was seated in the passenger seat while I was driving,doing about 20-25mph as I knew that there's a pedestrian crosswalk somewhere along. Just as I was passing the marked crosswalk I noticed there was a pedestrian(on cell phone) waiting/about to cross and too late for me to hit the brakes as I'd have passed the crosswalk anyway in-spite of hitting the brakes.

So I kept driving at my normal 20-25mph anyway and vola..the cop pulled me over within 25ft and very rudely asked for my license & registration. While I was trying to ask him if he could tell me exactly why I'd been stopped(well I kinda knew anyway) he accused me of holding a cell-phone up my ear since he thought he saw my right hand go up near my ears,where as I was trying to tell him I didn't even have a cell phone around me(tucked somewhere in my handbag) and I was probably just scratching my ear or brushing my hair away. He showed a deaf ear and walked away and didn't show up until 10 mins after to issue 3 tickets in total.

The first one being because the insurance document I'd given to him was expired a month ago and the other two being for 39:4-36 Driver to yield to pedestrian and 4-97 Careless driving.

I have 3 witnesses who were riding with me to prove I wasn't speeding OR driving carelessly. Will I need a lawyer for this case or will I be able to take along one of the witnesses and defend myself alone?

I have been a careful driver last 10 years in US/Canada with only 1 speeding ticket 5 years ago. Will a neat record help at all in this case?

Please suggest
Thank you

 

[FlyingRon]

Curtness is not necessarily rudeness and even if it was rude it has no bearing on your charge. The argument about the cell phone is likely immaterial as he didn't charge you with that.

Your witnesses aren't going to be particularly credible. The fact that you blasted through a crosswalk with a pedestrian is sort of indicative that you weren't exercising due care. What are your passengers going to say that would counter the fact that you appear not to have noticed a crosswalk you admitted you knew was there somewhere?

Hopefully you did have valid insurance, in which case bringing the proof that it was insured at the time of the accident will sway most judges.

 

[OHRoadwarrior]

You can probably get the careless dropped with 3 witnesses showing up. If the pedestrian had entered the roadway, you will probably lose that even with witnesses. Try negotiating with the prosecutor before court.

 

[Zigner]

So I kept driving at my normal 20-25mph anyway and vola..the cop pulled me over within 25ft

At 20mph it takes just over half a second to travel 25 feet. Hyperbole only makes the rest of your story less believable.

 

[gtcutie007]

Curtness is not necessarily rudeness and even if it was rude it has no bearing on your charge. The argument about the cell phone is likely immaterial as he didn't charge you with that.

Your witnesses aren't going to be particularly credible. The fact that you blasted through a crosswalk with a pedestrian is sort of indicative that you weren't exercising due care. What are your passengers going to say that would counter the fact that you appear not to have noticed a crosswalk you admitted you knew was there somewhere?

Hopefully you did have valid insurance, in which case bringing the proof that it was insured at the time of the accident will sway most judges.

I do have valid insurance, in fact, soon after this event we drove back home and printed our valid insurance copy. With a valid copy of insurance,will the judge reduce the fine or drop it entirely?

 

[gtcutie007]

At 20mph it takes just over half a second to travel 25 feet. Hyperbole only makes the rest of your story less believable.

It may sound exaggerated and I was shocked myself when it happened,but the very second I was passing the crosswalk..I had a bad feeling and looked up my rear mirror only to see the cop.

 

[gtcutie007]

You can probably get the careless dropped with 3 witnesses showing up. If the pedestrian had entered the roadway, you will probably lose that even with witnesses. Try negotiating with the prosecutor before court.

The pedestrian hadn't entered the roadway,not when I was passing her. She was standing on the curb talking on a cell-phone. Would you suggest that I engage a lawyer in this case? or am I able to defend myself without it going entirely bad?
Thanks for any advice.

 

[OHRoadwarrior]

The pedestrian hadn't entered the roadway,not when I was passing her. She was standing on the curb talking on a cell-phone. Would you suggest that I engage a lawyer in this case? or am I able to defend myself without it going entirely bad?
Thanks for any advice.

A lawyer will want to make a deal, not fight it. Expect to plead guilty to something and pay a fine by going that route.

 

[gtcutie007]

A lawyer will want to make a deal, not fight it. Expect to plead guilty to something and pay a fine by going that route.

Cool, I guess I'll talk to the prosecuter. Also is that something I should do on the same day or go to court few days before my court date?

Thanks!

 

[OHRoadwarrior]

The prosecutor will probably want to offer a deal, if you request a discovery meeting. To have no charges, you will probably need to fight it out in court.

 

[gtcutie007]

Am I allowed to decide to fight the case after I meet up the prosecutor and see what all evidence he might have against me?

 

[OHRoadwarrior]

He doesn't have anything but the officers word from your description. Yes, you can still decide to fight it. That decision must not be made until court day.