Legal Question in Traffic Law in New Jersey

Failure to yield to pedestrian in crosswalk

I received a ticket for ''failure to yield to pedestrian in crosswalk'' which, in NJ, carries 2 pts and a $130 fine. Although I am not required to show, my court date is 6/9. I do not believe I was guilty. I was driving through a busy downtown (Princeton) area, and don't recall pedestrians in the crosswalk. Also, as I turned rt onto an adjacent road, I stopped at a green light to allow about a dozen or so pedestrians pass, and then proceded when the road was clear. I have been driving for 13 years and NEVER received a traffic ticket.

I know I waited till the last minute here, but I wanted to know if I should:

(1) plead not guilty-what would happen?

or (2) try to negotiate with the prosecutor to get points/fine reduced.

(3) Is it just my word against the cop's?

(4)Does she need to present evidence?

(5) Being so late in the game, is there any chance at obtaining a continuance?

Thanks in advance.


Asked on 6/06/08, 11:40 am

2 Answers from Attorneys
Gregory Kinzel Law Office of Gregory F. Kinzel, LLC

Re: Failure to yield to pedestrian in crosswalk

If you hire an attorney now, the attorney can fax the court a notice of appearance and request for adjournment. Most likely the court would permit the adjournment. Otherwise, you can call the court yourself and see whether they will adjourn your case based on good reason. While it would be your word against the cop's, you may have a good defense that you yielded to a dozen or so pedestrians before proceeding. The alternative to pleading innocent and going to trial is to try to plea bargain to a non-point offense. The down-side is that the typical non-point offense carries a significant fine and surcharge that will approach $400.

I can represent you on this matter if you desire. Please feel free to give me a call.

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Answered on 6/06/08, 11:50 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Failure to yield to pedestrian in crosswalk

1-they would list it for trial if you couldn't work it out with the prosecutor

2-I think this is your best bet. As much as this is a business, I run an ethical business and I'm not sure it makes sense to hire an attorney here.

3-Yeah, pretty much.

4-Yes, but see your 3rd question.

5-Its possible. Only one way to find out.

good luck

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Answered on 6/06/08, 3:50 pm


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