Legal Question in Traffic Law in New Jersey
tailgaiting ticket
My son accidently hit the car in front of him when that person slammed on her brakes after quickly changing lanes into his lane. A police officer was called to the scene but did not make a police report. He did not witness the minor fender bender. The next day, the girl who's car my son hit filed a police report. The police officer who had been called to the scene THEN issued a ticket to my son for tailgating - 4 pts in NJ. How can a policeman give a ticket for tailgating when he didn't see the minor acccident, and my son wasn't tailgating?
4 Answers from Attorneys
Re: tailgaiting ticket
You have a bigger issue. It sounds like she wants to claim injures. Your son needs an attorney to make sure he is well represented in court.
Re: tailgaiting ticket
Ticket can be issued upon information and belief. The information that the police officer then had was what that driver told him. Your son has the right to give other information to the police officer and he could issue a ticket to the other driver for careless driving. Or you son could cause the ticket to be issued. It would then be sorted out by the Municipal Court Judge.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. If you have not
already done so, you should immediately meet with an attorney who practices in the Municipal Courts for a full consultation before you take any further steps. Good luck! Rob Gleaner
Re: tailgaiting ticket
He has a witness in the other driver and the evidence of a collision. Tailgating is five points.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: tailgaiting ticket
Police frequently issue tickets for accidents they have not witnessed, based on the nature of the incident and witnesses statements. There is probably some fault on your son's part but he may be able to file a counter complaint against the other driver for careless driving. You need to consult an attorney to be fully and properly advised.
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