Legal Question in Traffic Law in New Jersey
careless driving-personal injury
HELP! COURT NEXT WEEK! IN DECEMBER 2004 I HIT A PEDESTRIAN MAKING A LEFT TURN AT TRAFFIC LIGHT. I RECEIVED A CARELESS DRIVING TICKET. WONDERING,1) CAN I PLEAD TO A UNSAFE DRIVING CHARGE W/NO POINTS? (IE-DO YOU THINK THE PROSECUTOR WILL GO FOR THIS(I HAVE A GOOD DRIVING RECORD)) AND/OR 2) IF I PLEAD GUILTY WHAT KIND OF PENALTY CAN I EXPECT? THE PEDESTRIAN REFUSED MEDICAL TREATMENT.3) IF THE TICEKTING OFFICER & THE PEDESTRIAN DON--name removed--SHOW FOR COURT,CAN THE CHARGE BE DISMISSED? THIS APPEARANCE IS A CONTINUANCE ANY THOUGHTS? I'D APPRECIATED IT! Thanks
4 Answers from Attorneys
Re: careless driving-personal injury
A violation: N.J.S.A. 39:4-97 (Careless Driving) ($85.00 and 2 point if ticket is paid via mail with no accident involving personal injury; accidents involving personal injury cannot be paid via mail; Penalties: $50.00 to $200.00 fine plus Court costs; Points: 2). Please note if you plead guilty or are found guilty you are subject to points, fines and penalties. If you were involved in a automobile accident, any finding or plea can be used against you in a claim by the other driver unless a special plea is entered. A violation of N.J.S.A. 39:4-97.2 (Operation of mv in unsafe manner, 1st offense 0 points, Penalties: $100.00 to $250.00 fine plus Court costs; 2nd offense 0 points, Penalties: $50.00 to $150.00 fine plus Court costs; 3rd offense 0 points, Penalties: $200.00 to $500.00 fine plus Court costs; In all offense there is also a $250.00 New Jersey Assessment)
In general, the State has to prove you committed this offense, usually by the �beyond a reasonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If you plead guilty or are found guilty you are subject to points, fines and penalties. Retaining an attorney is always advisable. Please feel free to contact me by telephone.
An attorney knows the process, can streamline the process and in most situations, can get a person in and out of Court in a relatively short time period as the Court is directed to handle attorney matters first before non-attorney matters.
Call me for a free initial consultation.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the Commonwealth of Pennsylvania. With more than 15 years experience, Blair represents clients in Municipal Courts throughout the State of New Jersey. The information contained in this response is intended to provide general information regarding a general legal question. This information contained in the response is not to be construed as legal advice and you should not rely upon any information as legal advice. Legal advice can only be obtained through a complete consultation with my office or an attorney admitted to practice law in your State. Any information obtained through this response should not be deemed to create any attorney/client relationship.
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Blair C. Lane, Sr. Attorney at Law
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Re: careless driving-personal injury
You did not give much in the way of facts, so it is difficult to accurately anticipate how the charge will play out. Generally, one can get a no-point ticket for a careless driving summons, however, the fact a pedestrian was involved is likely to be a big issue for you. While, carless is comparatively not a very serious charge, the Judge has discretion to suspend license or give jail depending on the exact situation.
It sounds like you did not flee the scene, which should help along with your good driving record, but I would need to know more.
I handle these types of cases and am familiar with the Trenton area courts. I offer free consultations. Feel free to contact me to discuss further.
Daniel B. Kelley
(856)616-8080
Re: careless driving-personal injury
There is no way the charges will be dismissed. You may be able to get the charges reduced to a no point ticket especially if the victim does not show.
John Ducey
732-286-2170
Re: careless driving-personal injury
because personal injury was involved you may have a prblem. I strongly suggest that you hire a lwyer. If you cannot afford one ask the judge for a public defender. The injury creates a serious charge