Legal Question in Traffic Law in Pennsylvania

Bogus Careless Driving Citation

I was about to make a right turn at a stop sign, when a cop who was directing traffic on an adjacent street came to me, and told me I was not allowed to turn right at that intersection. I asked him why, since I worked in the building at the corner where the stop sign was. He became annoyed that I asked him. We had a verbal exchange and he told me I had a bad attitude. I told him I turn right there every day of the week. He still would not answer my question. So, I said Ok and he said Ok and I started to pull away to make the left, and he immediately started to pound on the passenger side of my car telling me that I had just hit his left hand and elbow with my car. He then said he wasn't finished with me, and I said when you said Ok and did not say anything else I took it to mean I could go. I know I did not hit the officer it would have been impossible. So, he asked me for my license, owners card ..etc and he wrote me a citation for carless driving which cost $104.00 with 3 points. I said how can you write me a ticket for this ? And he told me I should be lucky he wasn't taking me in for an asault charge. Should I plead guilty and pay the fine ? What chance do I have in court with his word against mine ?

Thank you,


Asked on 9/15/03, 11:56 am

2 Answers from Attorneys
Blair Lane, Sr Earp Cohn, P.C.

Re: Bogus Careless Driving Citation

If you are issued a traffic ticket, do not blow it off. There are certain responsibilities that you have - pleading guilty or not guilty; notifying the court of your plea, especially a not guilty plea and showing up for court at t he scheduled time and place. If you blow off the ticket and do not go to court, a warrant may be issued for your arrest and you may be subject to additional fines and penalties as well as embarrassment.

In general, the State has to prove you committed this offense, usually by the �beyond a reasonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If you plead guilty or are found guilty you are subject to points, fines and penalties. Seeking an advice of an attorney is always advisable. Please feel free to contact me.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting

of assisting clients and their families with various legal matters such as Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.).

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

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Answered on 9/23/03, 10:16 am
Gary Moore Gary Moore Attorney At Law

Re: Bogus Careless Driving Citation

You have two choices. You can fight the ticket really vigorously and I mean really vigorously. You can give in and plea bargain and try for a no point violation.

If you are going to fight the ticket vigorously, I recommend a lie detector test for you which, assuming that you pass it, you and your attorney can take to the county prosecutor with a request that the case be investigated. 800 273 7933.

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Answered on 9/15/03, 12:30 pm


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