Legal Question in Traffic Law in New Jersey

Careless driving-personal injury hurry! Court 1/19

Hi-i received careless driving ticket for hitting a pedestrian; i did not leave the scene & the person essentially refused treatment & eventually walked away from scene-my questions are one, can i plead to an unsafe driving charge for no-points & if not what can i expect for penalties if i plead guilty? I have just one infraction on my record-an obstruction of traffic charge from last year-it was a rainy evening & dark & the person was wearing dark clothing i was making a left hand turn at a traffic light(i had the green) and did not see the man until i actually hit him.Please any qualified responses asap would be greatly appreciated! Thanks again!


Asked on 1/18/05, 6:05 pm

4 Answers from Attorneys

John Ducey Law Offices of John G. Ducey, PC

Re: Careless driving-personal injury hurry! Court 1/19

It will not be easy pleading your particular careless down to a no-pointer. The threat of having a trial on the issue may help but there would be no guarantees that the prosecutor, the court and/or the victim would agree. If you need legal representation give me a call at 732-286-2170.

John Ducey

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Answered on 1/18/05, 10:42 pm
Blair Lane, Sr Earp Cohn, P.C.

Re: Careless driving-personal injury hurry! Court 1/19

I would suggest that you go to court and ask for a postponement to retain an attorney. Please note if you plead guilty or are found guilty you are subject to points, fines and penalties. Seeking an advice of an attorney is always advisable. Please feel free to contact me.

Violation: N.J.S.A. 39:4-97 (Careless Driving) (with no accident involving personal injury)

Penalties: $50.00 to $200.00 fine plus Court costs; Points: 2

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. Seeking an advice of an attorney is always advisable.

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.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting

of assisting clients and their families with various legal matters such as Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.) throughout the State of New Jersey.

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

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Answered on 1/18/05, 10:59 pm
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Careless driving-personal injury hurry! Court 1/19

What you will be able to plead to is controlled by what the prosecutor wants to do with the case and what the Judge will approve so I cannot answer whether you'll be able to plead to a no-pointer. While that reduction is common for a careless charge, it is impossible to tell what the outcome will be without completely reviewing the facts, talking to the victim, etc. I have some thoughts on it, but I will not post a long answer since it may already be too late and you may be at Court now.
If you havent gone to Court yet, or things didnt work out, however, and you would still like to discuss the matter and consider how an attorney may help, feel free to contact me via e-mail or telephone as there is no charge for consultations.

Daniel B. Kelley

(856)616-8080

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Answered on 1/19/05, 9:32 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Careless driving-personal injury hurry! Court 1/19

The prosecutor may or may not agree to amend the ticket to an unsafe operation ticket (0 points as opposed to the 2 points on a careless driving ticket). Since a person actually got hit by your car, they may not be willing to cut you a deal if you go alone. If you go with a lawyer your odds of getting the ticket amended to Unsafe Operation go up. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. I would like to discuss your case in more detail. Please call me at 908-272-0111 to discuss your case. There is never any charge for simply talking to me. Thank you. Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 1/19/05, 11:03 am


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