Legal Question in Workers Comp in New Jersey

careless driving citation

is it not a violation of the principle that one is presumed innocent until proven guilty to be charged with careless driving in an accident resulting from a skid into opposing traffic?


Asked on 12/25/07, 8:47 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: careless driving citation

No. Charging someone with a violation does not presume their guilt, but means htat hte officer believes that there is probable cause. The State then has the burden of proving that you were careless, which is defined in the statute.

The prosecution can prove their case through direct evidence such as eyewitness testimony and indirect evidence that is circumstantial in nature. However, it is important to note that it is a fundamental legal principle that the mere happening of an accident does not in itself indicate carelessness or negligence. You have to look at the circumstances and see if your behavior was appropriate in the situation.

If you are concerned, I suggest you hire an attorney to represent you. There are are number of possibilities that might help you points on your license.

Best Wishes. Please feel free to contact me, Adam Rothenberg, at 800-34NJ LAW

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Answered on 12/26/07, 9:30 am


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