Legal Question in Traffic Law in New Jersey
Careless Driving-No damage
I recv'd a Careless Driving ticket for tapping the driver in front of me. There was a green light the driver stopped short and I tapped the bumper. No damage to the vehicle. However, I have a mandatory court appearance. Are the odds in my favor of getting this dismissed?
2 Answers from Attorneys
Re: Careless Driving-No damage
Without an attorney? 0%. With an attorney? A little higher, but even still not 100%. Courts are not in the business of dismissing tickets, especially when you are clearly guilty. If this case went to trial, the court would tell you have to always assume the driver in front will stop short and keep a safe distance because of that. You did not so you are at fault.
With an attorney, you stand a better chance of getting this downgraded to a no point ticket with less than a 100 fine.
Re: Careless Driving-No damage
As my fellow Law Guru pointed out, there is a better chance of success with a lawyer--sometimes --especially once there is satisfaction of any damage ---people do not want to come court to prosecute and if the cop did not witness the accident, we can get the case downgraded but --though rarely ---- even dismissed. If you do not try you will surely get the two points. We law gurus know case law that stands for the proposition that the mere happening of an accident does not constitute carelessness per se and a few other secrets of the trade that may help. Best of Luck.
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