"Careless Driving" ticket questions... - NJFBOA - Home of New Jersey's Camaros and Firebirds

Randy99 · 11-27-2006, 10:16 AM

Hey Gang,

Looking for a little advice here; anyone with experience in this situation may be able to help me out...

Heres the deal,

I was involved in an accident on thanksgiving, which unfortunately totaled my new daily driver which i just picked up 2 weeks ago (99' jeep cherokee in prestine condition

...anyway, i was traveling on I-95 and a car in front of me checked up on the brakes, hard...i in turn attempted to slow my vehicle w/out "locking them up"...all of a sudden it felt as if someone tapped me from behind and my vehicle spun..went across 3 lanes of traffic just trying to aim for the gaurdrail to stop the vehicle, unfortunately i was struck by another car which shot me into the back of a tow-truck that was in the shoulder...

the officer gave me a ticked for careless driving, but at the time i gave my statement (which was somewhat coeherced) i was still shakin up and did not mention that i think someone hit me...only thing i have is white paint across my back bumper (none of the vehicles involved in the wreck were white, one was silver but this seems as if its not the paint from that vehicle)...i can't say im 100% positive i did get tagged from the back becuase everything happend so fast...

do i go to court and plead "unsafe operation of a motor vehicle" to get rid of the 2 points? (mind u in 2 months i will have been driving for 6 years with a clean record, never had a ticket of any type)...do i try and fight it and say it was a hit and run? (i don't think at the time of my statement i stressed this enough, will it seem as if i'm now fabricating a story?) like i said, im not positive i was hit, but it sure felt that way, but i don't think i'd put my life on the line for it, one of those deals...

basically i don't want these points on my record, thus far i'm 100% clean and was just do for an insurance discount...i don't want to go to court and seem overly aggressive and disrespectful...gimme some feedback guys...

thanks!

qwikz28 · 11-27-2006, 10:40 AM

go fight it... dont give excuses, rather, say you are sorry and it was a mistake and it will never happen again. explain your driving record is clean and i have no doubt it will be lowered to a no point violation. you will have to cough up some coin unfortunately.

Randy99 · 11-27-2006, 10:52 AM

i don't mind coughing up some dough right now; sure beats having my insurance rates sky-rocket for the next couple years and getting hit with a surcharge...so thats 1 vote for a "beg for forgivness"...anybody think i should try and go the other route and see if i can produce enough evidence to show that i was hit? (the most important piece of evidence is missing though, my memory, as stated before im almost having a hard time deciding for myself if i was or wasn't, let alone doing it in front of the law)

Tru2Chevy · 11-27-2006, 10:59 AM

I would say to fight it, but I don't think there is any way you can prove that the white paint wasn't there before the accident. Chances are if you go in to court with some weak evidence and a slightly different story than what you told the cop on the side of the road, it won't look so great.

Might not be a bad idea to grab a free lawyer consult just to see what they think about the situation.....

- Justin

Batman · 11-27-2006, 12:58 PM

Go to court, talk to the cop and judge. Worst case you get 2 points on your liscense, run out, take defensive driving and all will be well again. (DD drops you 4 points in NY, I assume it is the same in NJ?)

firehawk1120 · 11-27-2006, 01:20 PM

Actually, I believe in NJ if you have just 2 pts on your license the insurance companies aren't suppose to increase your rates, kinda like a one time forgiveness as long as you don't get another ticket in 2-3 years they won't increase, but I'd still go and fight the ticket.

Alot of times the Attorney for the Court will reduce it to a non moving violation and you pay a large fine. The courts don't give a **** about your insurance they want your $$$. Try for obstructing traffic or something. Talk to them and see what they offer. Tell him your goal is to keep your license clean and you are willing to pay a fine for a lesser charge.

iamsickofitall · 11-27-2006, 01:35 PM

nj insurance companies will not forgive a careless or reckless ticket...they will forgive a 2 point speeding ticket or lesser offense if it is your first.

i would ask the prosecutor for an unsafe driving penalty before you stand before the judge. the judge will usually take the prosecutor's recommendation and the prosecutor is usually open to making deals with offenders.

baddest434 · 11-27-2006, 02:20 PM

good luck in this matter randy. try blaming it on being tired from eating turkey maybe the judge never heard that one before

Randy99 · 11-27-2006, 02:34 PM

LOL, don't think the turkey theory would hold up since i was on my way to dinner...oh well thanks anyway

shane27 · 11-27-2006, 03:49 PM

try calling the cop and see if he will change it on the report that you were hit, when my talon (god rest its soul) was totaled in january the dickhead who hit me tried to blame it on me. and the cop put it on the report that it was my fault( i wasnt there when he questioned the guy).

i called up the cop and explained what really happened and he fixed it for me on the report.... but then again he didnt give me a ticket in the first place

Rich189 · 11-27-2006, 10:47 PM

when my girlfriend got into an accident (some ******* just missed his turn so he slammed on his brakes in the middle of the passing lane on a highway) i ended up having a shop find something wrong with her brakes that would effect braking distance and got it dropped to a vechicle malfuction ticket... 55 bucks plus court fees and no points no moving violation

enRo · 11-28-2006, 12:48 AM

Quote:

Originally Posted by Tru2Chevy

I would say to fight it, but I don't think there is any way you can prove that the white paint wasn't there before the accident. Chances are if you go in to court with some weak evidence and a slightly different story than what you told the cop on the side of the road, it won't look so great.

Might not be a bad idea to grab a free lawyer consult just to see what they think about the situation.....

- Justin

Not entirely true... Randy, did you have full coverage on the car? It may be way too late now, but if you do, usually when u buy the car, your insurance sets u up with a place to have photos taken of the car for insurance purposes. Those photos will prove that there was no white paint on the back of ur jeep, and the dates on pictures do not lie. Other than that, I say fight it. Its not your fault. Explain you were in a state of trauma and forgot to explain the missing part of the story.

Randy99 · 11-28-2006, 08:26 AM

Noah,

My insurance company (NJM) was actually scheduling to come out and get pictures within the next 7-14 days, (so they said)...I inquired about this at the time of purchase and they told me it wasn't necessary upon taking delivery of the vehicle...not sure how much that would help, like the guys doing the investigation said, "u coulda backed into something yesterday, we don't know"...it would be great if my mechanic could "find" something "wrong" with the vehicle that could impeed stopping distance, handling or something like that unfortunatley its at the yard and it's not comming back...anyway i'm going to try and get in touch with the court today and tell them that i intend to show up on my scheduled date

Savage_Messiah · 11-28-2006, 09:19 AM

goo dluck with it, and I'm agreeing with jake here

jims69camaro · 11-29-2006, 02:34 PM

i've never been involved in an accident (knock on wood) so i have no experience with careless driving, but...

whenever you get a ticket, if you cannot 100% prove it wasn't your fault, then you should talk with the prosecutor and see if he will drop it down a few steps. see, i know the courts say you are innocent until proven guilty, but in NJ traffic court you are guilty unless you can prove your innocence. i've never seen anyone in traffic court win a case unless they had a lawyer with them. it doesn't matter what the story is, the judge usually takes the word of the cop (regardless of whether he's lying or not) or the prosecutor, which is why it's prudent to speak to the prosecutor before things kick off. if it's worth it to you to fight it to keep your record clean, get a lawyer. it won't be more than $1000 (i wouldn't think, not for traffic court, anyway), and they never charge you for the initial consult if you decide not to use them.

talk to a lawyer.

Knipps · 11-30-2006, 06:51 AM

Quote:

Originally Posted by jims69camaro

i've never been involved in an accident (knock on wood) so i have no experience with careless driving, but...

whenever you get a ticket, if you cannot 100% prove it wasn't your fault, then you should talk with the prosecutor and see if he will drop it down a few steps. see, i know the courts say you are innocent until proven guilty, but in NJ traffic court you are guilty unless you can prove your innocence. i've never seen anyone in traffic court win a case unless they had a lawyer with them. it doesn't matter what the story is, the judge usually takes the word of the cop (regardless of whether he's lying or not) or the prosecutor, which is why it's prudent to speak to the prosecutor before things kick off. if it's worth it to you to fight it to keep your record clean, get a lawyer. it won't be more than $1000 (i wouldn't think, not for traffic court, anyway), and they never charge you for the initial consult if you decide not to use them.

talk to a lawyer.

mine was 400 to get reckless down to careless...
5pts? to 2 pts

Randy99 · 11-30-2006, 07:13 AM

Thanks for everyones input...i notified to court yesterday that i will be attending...my plan is to speak with the prosecutor and try to plea it down to a lesser "non-moving, non-points" charge...i think i'll have more success with this than trying to prove my innocence in this scenario...i just want to points dropped since i'm due for my big insurance break in 3 months...i am bringing an attorney with me to the courthouse (friend of the family, specializes in wills and house closings but hell his title is still "attorney at law") i hope that will be enough leverage to plead the charges down...just wish i could find the j*rkoff who hit me initially

Traxion LT1 · 11-30-2006, 07:43 AM

in my experience, i would plea it down with the prosecutor to unsafe operation. the points will go down, but u will def be payin more money on the court date. but in the long run it will cost u less money.

jimmyboy8301 · 11-30-2006, 02:21 PM

speak to the prosecutor before you go to court, there is usually a line to do that. you could most likely get the ticked dropped to a "unsafe operation of a motor vehicle" which is 0 points. they will most likely just raise the fine.

Savage_Messiah · 12-01-2006, 01:58 AM

Quote:

Originally Posted by jimmyboy8301

speak to the prosecutor before you go to court, there is usually a line to do that. you could most likely get the ticked dropped to a "unsafe operation of a motor vehicle" which is 0 points. they will most likely just raise the fine.

done it twice myself...

jimmyboy8301 · 12-01-2006, 04:53 PM

Quote:

Originally Posted by Savage_Messiah

Quote:

Originally Posted by jimmyboy8301

speak to the prosecutor before you go to court, there is usually a line to do that. you could most likely get the ticked dropped to a "unsafe operation of a motor vehicle" which is 0 points. they will most likely just raise the fine.

done it twice myself...

number 3 and you automatically get 5 points to your license!

enRo · 12-01-2006, 05:08 PM

Quote:

Originally Posted by jimmyboy8301

Quote:

Originally Posted by Savage_Messiah

done it twice myself...

number 3 and you automatically get 5 points to your license!

Does that also mean his total points allowed is cut in half? since he is in fact half the size of a normal human being???