Legal Question in Traffic Law in New Jersey

I was provoked to chase a speeding car because he drives like a maniac on Route 55 everyday for the last 2 years. He uses his siren lights or tailgate other cars to move out of his way. He pulled me over to get my info when I finally had the courage to chase him. He said he is a detective running to a crime scene and a body is waiting for him that is why he is speeding. I challenged him and I said, "Everyday? There is a body waiting for you same time, everyday?" He took my info and mailed me a ticket the next day for careless driving. I was trying to make a point with this person. That is, he is abusive of his authority; and if he is a law enforcement officer - to be an example to the public in his driving, to uphold the law and not to be above the law. I also work for a law enforcement agency but it doesn't mean I am licensed to intimidate others on and off the road and get away with it. Question is: Am I guilty or not guilty? Should I go to court and fight it?


Asked on 10/08/11, 12:34 pm

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Careless driving is a 2 point ticket. If your driving record is clear and you have very little if any points, then you could roll the dice and request a trial but I think you would be taking a risk. I am not fully clear concerning your story that you began to chase his car. I am guessing that the detective was driving an unmarked car and that he pulled over because you were tailgaiting his car. Actually, it sounds like he could have issued you a summons for tailgaiting which is a five point ticket and may have cut you a brake by only issuing you a two point ticket. Since he has a siren and lights in his car that this should be a further indication that he may be a law enforcement officer. The smarter thing would have been to call your local police to report witnessing an erratic driver and let them handle it. It is never good idea to take matters into your own hands. Again, you are always free to fight the ticket and request a trial, but my belief is that you will probably lose. You should request a Court date so that you can appear and speak to the Municpal Prosecutor, if you can work out a potential plea deal, you will be able to avoid the points. Please feel free to contact me should you have any firthr questions, good luck, J Mincis (201)-894-9498

Read more
Answered on 10/10/11, 7:47 am


Related Questions & Answers

More Traffic Law questions and answers in New Jersey