Legal Question in Traffic Law in New Jersey

Hello,

I was driving a tractor trailer w/ a trailer fully loaded w/ trash. When going around a single lane turn she tipped over on the passanger side. Aside from myself & the company truck, no other person or property was damaged. When I came to conciousness I was helped out of the vehicle by a citizen. Shortly thereafter, paramedics & state police arrived at the scene. While I was sitting on the curb w/ a neckbrace on, one of the troopers asked for my driver licence. He went to his patrol car, then came back & issued me a summons for "failure to maintain a lane". I found this odd considering there was a broken steeering or suspension part on the driver side. The 2 steering wheels was (obvious to the eye) not in line w/ eqach other too. My court date is tomorrow, so I'm not expection any miricales. Just based on the twsp financial status, I expect this summons to stick, figuring that I may have a better shot at this matter in appeals court. The accident occured in Knowlton twp, Warren County, NJ. Also, as far as I know, DOT never got to investigate the crash. The truck was approx 2 miles from the truck yard. The company arrived at the scene, cleaned it up & towed the wrecked truck back to the yard. Later after being released from the hospital, I had a relative w/ a friend come pick me up at the hospital, & drive me to the yard to p/u my car. When we got there, the wrecked truck was nowhere in site. My guess is they locked it up inside one of the shop's garage bays. Please tell me what you think. Thank you.

Cordially,

Don


Asked on 10/26/10, 12:34 pm

2 Answers from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Hi Don, The ticket carries two points. as a commercial driver, you do not want to receive any motor vehicle points. You could plead it down or go to trial. The state Trooper in all likelihood did not witness the accident, he is basing the justification for issue the ticket based on his or her experience, assessing the situation after the fact. I think your correct and you probably should not have been issued any summons. Again you can try the case, explain to the Judge what happened and if you lose choose to file a municipal Appeal. again you should speak to the Municipal Prosecutor before you do anything to see if he or she is willing to do something to assist you. You may wish to retain an attorney and I would be happy to speak to you about it. It is frustrating especially after you sufferred an injury as a result of the accident. Please feel free to call with any questions. (201)-894-9498 all the best Don.

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Answered on 11/01/10, 7:06 am
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

Wish you had contacted an attorney before the day prior to the hearing. Knowlton is a decent court....If you want me to go with you, ask for adjournment so you can have a n attorney...

I am quite familiar with the pitfalls of having a CDL.......and have been in Knowlton Court

Call me at 215 732 4000 and let me know if I can help you

www.saulhsegan.com

Best of luck and stay safe!

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Answered on 11/01/10, 2:05 pm


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