Legal Question in Criminal Law in New Jersey

Re: mystery

The law in NJ changed fairly recently so that there is a presumption that the owner of a car that was involved in a hit and run is the driver. There are ways to deal with this, but you really should speak with an attorney. Call me if you would like to discuss it further at 877*688*3879.

Re: mystery

This is a serious matter that WILL result in yhou losing your driver's license if you are convicted. If you are not guilty then yhou should try to fight it. Otherwise a plea bargaing may be possible. I would recommend hiring a lawyer for this serious matter. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

Re: mystery

STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT, v. GARY LUTZ

309 N.J. Super. 317, *; 707 A.2d 159; 1998 N.J. Super. LEXIS 114

Finally, we find merit in defendant's contention that the State failed to prove beyond a reasonable doubt that he was guilty of careless driving. We agree that the proofs established essentially that defendant was involved in an accident which happened in the opposite lane of travel. In finding defendant guilty of careless driving, the Law Division judge stated:

The defendant quite clearly operated his vehicle carelessly, failed to exercise appropriate caution in the prevailing circumstances, and endangered both the persons in the other vehicle.

These conclusory remarks, however, were insufficient to establish a careless driving violation.

It appears that both the Municipal Court judge and the Law Division judge applied a res ipsa loquitur analysis in finding defendant guilty of careless driving. The doctrine of res ipsa loquitur, however, has no application in the determination of careless driving due to the quasi-criminal nature of the proceeding in which the State has the burden of proving beyond a reasonable doubt all elements of the offense. See State v. Wenzel, 113 N.J. Super., 215, 216-18 (App. Div. 1971)(the mere fact of an "otherwise unexplained jackknifing" where a tractor-trailer entering a construction area had jackknifed on the wet roadway, crossed into the opposite lane and broadsided another truck fatally injuring the truck's driver, did not establish that the defendant had been driving carelessly.)

The careless driving statute provides:

[a] person who drives a vehicle on a highway 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.

[N.J.S.A. 39:4-97.]

Here, other than the accident itself, the State only presented defendant's statement that his vehicle began to slide on the wet highway and continued to do so when he tapped his brakes. Moreover, his apology was not an admission to driving carelessly, but merely a statement that his car had slid on the wet pavement. The State presented no evidence indicating that defendant had been speeding, driving too fast for the wet road conditions, distracted or otherwise driving without due caution and circumspection. Consequently, there was insufficient evidence to support defendant's conviction for careless driving, and we reverse that conviction.

To read entire article, go to http://www.njlaws.com/CarelessDriving.htm

We recommend you hire an attorney for this serious matter.

Re: mystery

You face the possibility of losing your driver's license for six months, but I have handled many of these kind of cases and there are several solutions.

Call me if you like. You do need to hire an attorney.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: mystery

Depending on which Court you are going to, odds are you will not be able (or possibly even allowed) to defend yourself....meaning you'll pay the application fee to the public defender or hire private counsel to help you through this.

If you want to discuss the specifics of the case, feel free to write back direct. I've been defending these cases for more than 15 years.

Mike