Legal Question in Traffic Law in New Jersey
I approached and entered a road last week in Somerset County , New Jersey. The road was not marked "closed" and or there were no barriers that closed he road off to traffic. I along with numerous others entered into the road and down the road a bit was a patrol car that was pulling everone over. There were at least 15 cars pulled over, and would have been others but they realized what was going on, and due to the backlog of writting tickets for all the vehicles, by this one office, several cars turned out of the road and scooted off. I was in my company van, which was clearly marked with my co name on it. I dared not to depart thinking they would had additional issues for leaving the scene.
I rec'd a ticket which requires "manditory" appearence by myself - the ticket violation reads "driving on closed roadway".
As mentioned earlier the road was not marked closed, and the 2 cones that apparently once indicated that there was an issue in the road, were moved to the roads shoulder. The office mentioned to me that he was giving me this ticket but that it would not effect any issues with points onto my driving record.
What are my rights ? How was I to know that the road was closed ? I called b4 leaving the office that morning and noone at the roads office could advise what, if any roads were closed due to storm damage. This is crazy I believe they had no right to give me a ticket at all.
PLEASE HELP I MUST APPEAR ON 4/7/10 AT 4:30 PM TO FIGHT THIS BATTLE AND NEED SOME DIRECTIO OF HOW TO PRESENT MY CASE
THANKS
JEANETTE MOROCCO
2 Answers from Attorneys
The facts that you recite consitute a valid defense.
Call me if you like.
Plead NOT GUILTY when yo go to court and then tell the prosecutor and/or the judge that the road was not marked as being a closed road. Remember, they have to prove the case against you, not the other way around.
Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111
www.njworkerscompensationlaw.com
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