Legal Question in Traffic Law in New Jersey

Traffic control device

I was driving behind a police car, the lanes were formed with orange traffic cones so the cars couldn't cross over to the next lane. My lane was completely stopped and the next lane to the left had no cars in it, the police officer from the car in front of me got out of the car and moved 4 or 5 cones so the car can fit through and he moved over to the left lane. He did not move the cones back and since this is the area of occasional heavy traffic, controled by the cones, I assumed he opened up the other lane and i went through. I got a ticket for failing to observe traffic control device which carries 2 points. Does it make sense going to court and is this one of those ''my word against his'' cases? What are my chances of avoiding points on my license?


Asked on 10/08/07, 2:46 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Traffic control device

It is always wise to go to court where motor vehicle points are involved.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/08/07, 3:27 pm

Re: Traffic control device

Going with an attorney is always your best bet, but I know it feels unfair to have to pay when you feel you did not do anything wrong, or at least you did not intend to. If you want, you can go to MVS and get a copy of your driver abstract (that's your driving record - if it is good!) and go to court, explain what happened to the prosecutor, telling him if the officer was not opening up another lane he should have put the cones back, and you were acting reasonably under the circumstances. If your driving record is good, at least for the past 5-10 years, show it to him. Ask him to speak with the officer and drop it. If he says no, ask him is he can change it to a no points offense. Try to avoid the "unsafe driving" NJSA 39:4-97.2, because if you use it 3 times in 10 years, you get 4 points, and they hit you with another $250 surcharge. Ask for obstructing traffic, failure to display documents, using a cell phone, etc. - Good luck.

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Answered on 10/08/07, 3:58 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Traffic control device

Go to court and explain the situation to the prosecutor. I wouldn't suggest you get an attorney yet. Talk to the prosecutor first.

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Answered on 10/08/07, 10:34 pm


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