Legal Question in Traffic Law in New Jersey

careless driving

My son 18yrs old still has a provisional driver's license. He hit a parked car on a rainy day after turning a corner and stepping on the gas, the back of the p/u truck started to fishtail. as he corrected he hit the car. My question is if we go to the court date to explain the incident can this be reduced or thrown out because it was not careless driving but inexperience under these conditions in the pick up truck. I was told you can never argue a ticket on a provisional license. It can not be reduced or overturned. Can this be true.


Asked on 5/07/09, 1:03 am

3 Answers from Attorneys

david bildner bildner law firm

Re: careless driving

It is true that Prosecutors are prohibited from plea-bargaining tickets issued to holders of provisional licenses. That's true in theory, but in practice it depends on many factors. I know because I've successfully done it.

You also have to keep in mind that no plea bargain doesn't automatically mean your son is guilty. The prosecutor and police still have to prove that your son's actions were careless. I have successfully defended various traffic charges at trial, including careless driving, and gotten dismissals.

So, you and your son do have possible ways of coming out of this OK, but I don't recommend you try it without a lawyer.

You are welcome to give me a call to discuss it further at 877\688\3879.

Disclaimer

Nothing in this correspondence shall be construed as creating an attorney-client relationship. While this information is intended to be accurate, it is intended for general information only and should not be considered a substitute for consultation and advice by an attorney who has access to all necessary and relevant information. I also urge you to read the general disclaimers and terms of use for this website. They actually mean something.

You are invited to call me for a free, no-obligation consultation at 877\688\3879.

Read more
Answered on 5/07/09, 2:34 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: careless driving

Prosecutors are now prohibited from reducing a 2 point violation to a no point violation so he will likely have to take the hit on this. My question however is why you do not believe this is careless driving. The way you describe the accident, it certainly seems "careless" to me. Saying it was because of inexperience does not make it any less careless. I think what you are saying is that he did not do it "intentionally". While that is true, it does not make it any less "careless". Accidents, by definition, are not intentional.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Municipal Court attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck!

Rob Gleaner

Read more
Answered on 5/07/09, 7:12 am
Gary Moore Gary Moore Attorney At Law

Re: careless driving

It all depends on all the facts and circumstances. Was there a witness? Did you son make a statement to a police officer? What town is this case in?

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 5/07/09, 8:12 am


Related Questions & Answers

More Traffic Law questions and answers in New Jersey