Legal Question in Traffic Law in New Jersey

I was pulling out of my friends house and making a left onto the road. I had my friend and three of her family members in my minivan as well as my 5 month old son. I was following my friends mother and father which were in the car in front of me. We were all going out to eat. The car I was following was stopped at the light waiting for us to pull out and follow them. So I pulled out and made that left and immediately was pulled over. The officer claimed that I almost got t-boned by a car, and good thing that driver was paying attention unlike myself. Then the officer told me that my registration was expired and my car was going to get impounded. The officer was very nasty to me and told me things like he has three children at home and he still remembers to pay his registration and that he was always well organized. After I took the brunt of being rudely talked to, I asked the officer if I could just pull the car over and take care of the registration tomorrow before the car was to be driven again. He said that he was not going to risk 25 years of being on the forse for someone that was irresponsible. So, my car got impouunded, and I got two tickets. One for careless driving, and one for expired registration. I have no problem with the registration ticket or even paying it and getting my car out of impound. Honestly, it was something that was overlooked in the midst of three children, busy lifestyle and a renewal that got put to the side and was neglected. We all make mistakes, this was mine. But the officer lied about why he pulled me over, and toppled a traffic ticket onto me in the midst. I was parked across the street from the police station for two days where I was at. I have a feeling they ran my plates and was waiting for me to pull out onto the road. The officer did blatenly lie to me about the oncoming car almost t-boning me. I did not see any car, neither did any of the other people that were in my car. I would not have pulled out if I did see anyone. It was a simple left turn! My friends parents were also watching this from the stop light 50 feet away. They saw me pull out, make the left and get immediately pulled over. They did not see any car coming in my direction. They wondered why I was pulled over as well. They pulled over and got out of the car to find out what was going on, as they approched the officer and myself, the officer said meanly to them that he just wanted to talk to me, and for them to wait over there. What is going on? Should I seek legal help? I feel a bit abused and taken advantage of...


Asked on 8/07/11, 6:15 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

The bottom line answer is that you should get an attorney and ask him/her to try the case. You say you have several witnesses who will testify that you were not careless. Perhaps the Judge will agree. You should know, however, that your car does not need to be in motion in order for you to get a ticket for an unregistered vehicle. The police are permitted to run registrations and driver licenses if they want.

Keep in mind that this advice is given based on the information that you have provided. My opinion may change with other information being given. You cannot rely on this advice because you have not retained me as your lawyer. You need to retain a lawyer and discuss your matter fully with him/her in order to be able to rely on that advice. Good luck! Rob Gleaner

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Answered on 8/07/11, 8:04 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Careless Driving carries 2 motor vehicle points. If your license is presently clean and you have no points, then you may seriously want to consider going to trial. You should make certain that all these people would be willing to come to Court to testify or if they refuse whether you need to subpeona any potential witnesses. Your decision to hire a lawyer depends on what you want to do. If you are looking for a plea bargain, then go and explain the situtaion to the prosecutor and see what he is willing to offer to do. If you cannot resolve the case to your satisfaction through a plea bargain, then you may want to consider hiring a lawyer as the Court will not help you try your case and there is no guarantee you will win with or without a lawyer. Anyway, please feel free to contact me if you would like to discuss the matter further, (201)-894-9498 all the best J Mincis

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Answered on 8/07/11, 9:53 am


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