Legal Question in Traffic Law in New Jersey

Failure to yield to a pedestrian in crosswalk-cop didn't show at court

I received a ticket for ''failure to yield to pedestrian in crosswalk'' which, in NJ, carries 2 pts and a $130 fine. Although I was not required to show, my court date was 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 showed up at court and made attempts to negotiate with the prosecutor. He stated the borough does not negotiate pedestrian related violations. I waited more than 2 hours to be heard. The cop did not show up, so I made a motion to dismiss b/c the prosecution was unable to proceed. The judge denied my motion and granted the prosecutiion an ajournment for 6/30 which greatly conflicts with important work I do for the State.

I know I should have questioned the judge on his ruling but wasn't quick enough. What do I do now? Any help is greatly appreciated. The Judge did grant the adjournment with a ''stipulation that is the officer is not present the next time, the ticket will be dismissed.''


Asked on 6/12/08, 1:06 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Failure to yield to a pedestrian in crosswalk-cop didn't show at court

You did everything right so far. I've never seen a judge dismiss a case that quickly because someone was not there. The only thing you can do is take it to trial. Good luck!

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Answered on 6/12/08, 1:52 pm


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