Legal Question in Traffic Law in New Jersey

Re: Citizen's Complaint against speeding

Most likely the other driver will not issue a Summons against you. However he/she has 30 days within to issue you a Careless, Speeding or Passing on the Right Ticket.

I would not worry about it at this time. If a summons is issued you should plea not guilty and talk to the driver to see if he changes his mind and dismisses. I would not have any discussions regarding what you did which may incriminate you. You have a right to remain silent.

At trial, you may want to testify depending on the facts presented by the complaintant (other driver).

Good Luck!

Our office handles Municipal Court defense matters.

John M. Pinho

www.DaSilvaPinho.com

Re: Citizen's Complaint against speeding

The other drivier can file a traffic summons or summonses against you. If he files against you call my office at 800 273 7933. You can visit my web site by clicking on www.garymooreattorneyatlaw.com

Re: Citizen's Complaint against speeding

A person can file a citzens complant.

In order for something to come of it, the person who filed the complaint must appear for a probable cause hearing. This is done without you presence. The judge will determine whether, based upon the citizen's testimony, there is probable cause to issue a complaint against you. If the judge finds no probable cause, no complaint will issue and you will not hear anything from the court. If the judge does find probable cause, you will receive a complaint and the matter will be scheduled for trial, where you can dispute the charges. The finding of probable cause has no bearing on whether you will be found guilty of the charges at trial.

With respect to your chances at trial, your chances are better than if a police officer wrote you a ticket. In that situation, the court usually gives deference to a police officer, but this is not the case when 2 private citizens are involved. The speeding charge will be hard to prove. The improper passing is easier to prove, as the witness could testify that it was a double yellow line and you crossed it. I can't really give a prediction here - it depends upon the judge's evaluation of the credibility of the witnesses.

Was the person following you very closely when he followed you for the 6 miles? If so, you should consider filing a complaint against him for tailgating and careless driving. Then, when you both go to court, you can agree to drop those chages if he drops his charges against you.

Feel free to contact me at 609-397-8400 or by e-mail if I could be of further assistance.

Re: Citizen's Complaint against speeding

With regard to your question regarding a citizen issued traffic ticket, a person can issue another driver a ticket which usually must be done within 30 days of the alleged offense. Filing a ticket is may be easy but the person would then have to come to court and prove the offense. This may be difficult, especially without any witnesses or any way to prove that you were speeding. 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.

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 Serious Personal Injury

Cases, (such as auto accidents, brain injury cases, dog bite cases, product liability cases, wrongful

death cases & slip & fall cases), Workers� Compensation Cases, Real Estate Matters, (buying or

selling a home), Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.), Estate

Planning, (consisting of preparation of wills, trusts and living wills) Employment

matters-litigation, contract disputes, corporate/business matters, as well as many other areas of

the law to meet the needs of his clients.

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