Legal Question in Traffic Law in New Jersey
Moving Violation
I received a ticket for careless driving yesterday. I asked the officer to see the video and he said that he didn't have it. Can I go to the municipality to see it before the trial? They do have to disclose this to me correct? I am asking because I have no idea what I did. Also I can't really read his handwriting. Thanks, Beth
4 Answers from Attorneys
Re: Moving Violation
Go to your initial appearance and ask for a trial date. Then you ask for discovery from the municipality and refuse to go to trial until you have it.
Re: Moving Violation
A request must be made to the municipal court prosecutor for discovery as to the officer's notes and a copy of any video made of the incident. The request must be made in writing as soon as possible because the judge will expect you to get ready for trial promptly. If you have a court appearance you can tell the judge what discovery you need and the
additional time you need to prepare to trial.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Moving Violation
You can have a lawyer go fight for you, and get 'discovery' which is various documents and tapes, if there are any.
Call me if you would like me to assist.
Re: Moving Violation
What most of the attorneys are forgot to say here is that the camera usually only goes on when the lights go on. Thus, this will be after you have already done something. Didn't you ask the cop what you did wrong? Ever think to just call him? He should talk to you.
Anyway, here's the deal, this is a 2 point ticket. The plea deal will be a 0 point ticket. Going through all of this may take the plea deal off of the table. Unless you have a really bad driving record and you can't take the 2 points and you want to make sure you get a 0 point ticket (or you used them all up already) then you probably don't need an attorney.
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