ticket reduction

[Wallysurfr]

What is the name of your state? NJ

I was driving a friend of mine home from a baseball game when I pulled onto his street and I see a police vehicle pulling up to an ambulance on the side of the road (both had flashing lights).

As I approached I thought to myself somehow I am going to end up getting in the way if there is an emergency (thinking maybe a fire truck or more cop cars would be arriving shortly). As the cop pulled over to the area behind the ambulance I pulled up and then went around him and the ambulance (I did cross the double yellow line a little bit although no other cars were coming).

The cop pulled out behind me and followed me and pulled me over. I gave him my info and he asked if I knew what I had done. I said no. He explained to me that I failed to yeild to an emergency vehicle. He asked me why I have a CDL and I explained that I drive a taxi on the weekend. He asked me if points on my licesnse would affect my job and I said I wasnt sure but I thought that points are double for people with CDL's. He said he wasn't sure and said to sit tight.

When he came back he handed me a citation and said he reduced it to a "disregard of a traffic device" 39:4-120.9 (I think he thought it was a 0 point ticket) I said thank you and went on my way. I asked if it was payable by mail and he said yes (court appearance required box was not checked).

I went online a few days later to pay my fine and my info came up and it said amount due $0.00. Then below it said court appearance required with the date of the court appearance 5-20-2008 but the officer wrote on the ticket the court date was 5-22-2008 . I called the borough hall and explained the above and the clerk said "he must not have known what he was doing. The system is reading as a court appearance required but he gave you the wrong date. The correct date is 5-20-2008."

She asked me if I want to move the date out and I said I would let her know. What should I do? Can I get this ticket dismissed because I really didnt disregard any traffic device (there are no stop signs or lights anywhere nearby)? Can I get this dismissed because he put the wrong date on the ticket? Should I show up to court and explain this to the prosecuter (hoping, of course, that he does not show up)? Any advice is greatly appreciated!

Thank you!

[Zigner]

Originally Posted by Wallysurfr

Can I get this ticket dismissed because I really didnt disregard any traffic device (there are no stop signs or lights anywhere nearby)?

So, you want to walk in and insist on being charged with the original offense?

Can I get this dismissed because he put the wrong date on the ticket?

If you show up on the 20th with your ticket in hand, how are you going to claim that the error hampered your defense?

Should I show up to court and explain this to the prosecuter (hoping, of course, that he does not show up)?

The prosecutor (or someone acting in that capacity) will be there. But it can't hurt to talk to him.

Any advice is greatly appreciated!

Thank you!

You're Welcome!

[Wallysurfr]

thank you Zigner for your reply.

I was hoping that if i go in and get a trial and try to have the officer prove that I disregarded a traffic device, he would not be able to prove that, since there is no traffice device on that road.

He would then probly say you disregarded an emergency vehicle which is not what the ticket is for. So, would it get dismissed or would he issue me a new ticket for diregarding an emergency vehicle?

I was also hoping that the cop will not be there on the 20th since he wrote down the court date as the 22nd?

Is what I did wrong? I know you yield to emergency vehicles when they are on the move. I honestly thought I better get out of the way in case another ambulance or cop needs this space?

Thanks again for quick responses....

Thanks again!

[occharge]

Originally Posted by Wallysurfr

thank you Zigner for your reply.

I was hoping that if i go in and get a trial and try to have the officer prove that I disregarded a traffic device, he would not be able to prove that, since there is no traffice device on that road.

He would then probly say you disregarded an emergency vehicle which is not what the ticket is for. So, would it get dismissed or would he issue me a new ticket for diregarding an emergency vehicle?

I was also hoping that the cop will not be there on the 20th since he wrote down the court date as the 22nd?

Is what I did wrong? I know you yield to emergency vehicles when they are on the move. I honestly thought I better get out of the way in case another ambulance or cop needs this space?

Thanks again for quick responses....

Thanks again!

The cop will not be there on the 20th.. at least he's not required to. That is your arraignment date when you are told what you are being charge with and this is when you get a change to plead Guilty or no contest (and pay the fine) OR plead "not guilty and the court will schedule a trial date". The officer will be required to show up on the trial date... That is when you wanna hope he doesnt show up.

[Wallysurfr]

so what is my best bet? Should I go speak with the prosecutor about getting it reduced to a 0 point violation or should I take it to trial?

Thanks!

[Maestro64]

The question you have to ask yourself will the officer remember why he gave you that ticket.

It sounds like he was cutting you a break, since most "not obeying a traffic control device" ticket usually carry no points but that sounds like it is not true in NJ.

It also sounds like the Ambulance was pull off the side of the road, and I am not sure what the rules would be in that case, I am not sure if a patrol car, ambulance or fire truck is pulled over with lights on do you have the right to pass them or go around them. I know I do and many others pass around the police who have someone pulled over. Many times it is on roads with no shoulder or they can not clear the travel lane completely so what do you do but go around them.

I guess if you follow the rules to letter of the law and there is yellow line you are to sit there behind the emergency vehicle until you are instructed to go around but there are rules that say to get out of their way. Which rule take priority. Because I have where people have to go through a red light to allow police through.

So if the officer does not remember the circumstance then you have a pretty good chance of proving there was no traffic control device to disobey. If he does remember then you could argue that you were doing as the rule state about moving out of the way of emergency vehicles in this case you could not move to the right since they were blocking the right so your only option was left at that point.

Take some pictures of the location, you could request the in car video of the officer's patrol car which should show what exactly happen and if his flashing lights were on then the camera is usually rolling at that point so it should be available.

Good luck fighting it sounds like you go an interesting one