Quote:
Originally Posted by 79T/A
If you are thinking of contesting the ticket and going to trial, the best course of action would be to ask the advice of a lawyer.
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this is the best advice, so far.
now, to make sure we're all on the same page:
(UPDATED THROUGH P.L. 2010, ch. 6, and JR 16 of P.L.2009)
TITLE 39 MOTOR VEHICLES AND TRAFFIC REGULATION
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
there is also:
39:4-97.1. Slow speeds as blocking traffic
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
but, since we're not talking about slow speeds, disregard 39:4-97.1. so, a person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
i'd like to know what property or person she was likely to endanger or did endanger. yes, it is an umbrella ticket, meant to describe a manner of driving that could encompass driving fast (would likely endanger those going slower than her, if above the limit then those doing the limit). BUT... i don't see her driving without caution (she was aware of the cop and the pack of cars he was in) and circumspection (she moved over immediately after passing) or in a manner likely to endanger anyone. 5 mph over the limit is not endangering anyone, as a tap on the brake pedal is enough to slow you to the limit. this, i believe, is the reason that a cop will not usually write a citation for vehicles passing at that speed (the other reason is simply a change in tire can put you 5 mph over the limit, even though your speedometer says the limit). they are looking for the people who are a
danger to others. melissa, in this respect, was not endangering anyone nor was she likely to endanger anyone if she had kept doing the same speed.
bottom line: the cop was wrong in writing this ticket. fight it. with or without a lawyer, although with a lawyer you have a better chance of winning. now, it comes down to how much you want to pay. most traffic lawyers that i know of charge $500+ for a court appearance, so i guess it comes down to who you want to pay... the lawyer or the court?
and, of course, i am not a lawyer. i am merely a private citizen with an above average knowledge/interpretation of traffic laws. the best advice, as stated, is to seek out the counsel of an attorney. the above stated is not to be thought of as fact; merely my opinion of the circumstances as stated.