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#1
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Careless Driving in NJ
Hi,
15 days back I got a careless driving ticket. I am pleading not guilty. however I am not sure how i should be representing my case? How it happened: I was driving to work on a saturday morning, when i see a cop car following me, the lights start to blink and i am asked to pull down. I do so. The cop asks me if i am fine and i tell him i am heading to work. He says i am speeding and i should maintain the speed limit. I don't argue and i say a 'yeah!' though i was really not sure if i was speeding at all, may be on a 50 MPH speed limit road i was driving at 60 or so. Anyways, i said nothing. he asked me for the paper work and came back with a 'careless driving' ticket. He explicitly announced that he is giving me a 'careless driving' ticket and not a 'speeding ticket'. to that i said 'ok' and drove to work. later, i realised that atleast i should have asked him that why did he give me a careless driving ticket instead. Thats pretty much, I know i was not driving carelessly, it was a clear road, clear weather, my ticket also says the same. the speeding is not mentioned on the ticket as well. what do you people think, how should i represent this case in the court. I have a fine on $87 and 2 points. will appreciate any suggestions on this. Thanks in advance. |
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#2
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s wrote: > > Hi, > 15 days back I got a careless driving ticket. I am pleading not guilty. > however I am not sure how i should be representing my case? > How it happened: > I was driving to work on a saturday morning, when i see a cop car > following me, the lights start to blink and i am asked to pull down. I > do so. The cop asks me if i am fine and i tell him i am heading to > work. He says i am speeding and i should maintain the speed limit. I > don't argue and i say a 'yeah!' though i was really not sure if i was > speeding at all, may be on a 50 MPH speed limit road i was driving at > 60 or so. Anyways, i said nothing. he asked me for the paper work and > came back with a 'careless driving' ticket. He explicitly announced > that he is giving me a 'careless driving' ticket and not a 'speeding > ticket'. to that i said 'ok' and drove to work. > later, i realised that atleast i should have asked him that why did he > give me a careless driving ticket instead. > Thats pretty much, I know i was not driving carelessly, it was a clear > road, clear weather, my ticket also says the same. the speeding is not > mentioned on the ticket as well. > > what do you people think, how should i represent this case in the > court. I have a fine on $87 and 2 points. > will appreciate any suggestions on this. > Thanks in advance. If you want to get a "fair" hearing, you need to hire a lawyer, preferably a good one that works in the jurisdiction where the ticket was issued. Better still, hire the judge's son-in-law. But a good friend of the judge is almost as good. You can pile opinions of the people in this group to the ceiling, but nothing will work as well as having a lawyer take care of the case for you. Of course a lawyer is going to cost more than $87...... Ed |
#3
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C. E. White wrote: > s wrote: > > > > Hi, > > 15 days back I got a careless driving ticket. I am pleading not guilty. > > however I am not sure how i should be representing my case? > > How it happened: > > I was driving to work on a saturday morning, when i see a cop car > > following me, the lights start to blink and i am asked to pull down. I > > do so. The cop asks me if i am fine and i tell him i am heading to > > work. He says i am speeding and i should maintain the speed limit. I > > don't argue and i say a 'yeah!' though i was really not sure if i was > > speeding at all, may be on a 50 MPH speed limit road i was driving at > > 60 or so. Anyways, i said nothing. he asked me for the paper work and > > came back with a 'careless driving' ticket. He explicitly announced > > that he is giving me a 'careless driving' ticket and not a 'speeding > > ticket'. to that i said 'ok' and drove to work. > > later, i realised that atleast i should have asked him that why did he > > give me a careless driving ticket instead. > > Thats pretty much, I know i was not driving carelessly, it was a clear > > road, clear weather, my ticket also says the same. the speeding is not > > mentioned on the ticket as well. > > > > what do you people think, how should i represent this case in the > > court. I have a fine on $87 and 2 points. > > will appreciate any suggestions on this. > > Thanks in advance. > > If you want to get a "fair" hearing, you need to hire a > lawyer, preferably a good one that works in the jurisdiction > where the ticket was issued. Better still, hire the judge's > son-in-law. But a good friend of the judge is almost as > good. You can pile opinions of the people in this group to > the ceiling, but nothing will work as well as having a > lawyer take care of the case for you. Of course a lawyer is > going to cost more than $87...... > > Ed I don't think i would be going for a lawyer!! ? |
#4
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On 15 Mar 2005 08:54:16 -0800, "s" > wrote:
>Hi, >15 days back I got a careless driving ticket. I am pleading not guilty. >however I am not sure how i should be representing my case? >How it happened: >I was driving to work on a saturday morning, when i see a cop car >following me, the lights start to blink and i am asked to pull down. I >do so. The cop asks me if i am fine and i tell him i am heading to >work. He says i am speeding and i should maintain the speed limit. I >don't argue and i say a 'yeah!' though i was really not sure if i was >speeding at all, may be on a 50 MPH speed limit road i was driving at >60 or so. Anyways, i said nothing. he asked me for the paper work and >came back with a 'careless driving' ticket. He explicitly announced >that he is giving me a 'careless driving' ticket and not a 'speeding >ticket'. to that i said 'ok' and drove to work. >later, i realised that atleast i should have asked him that why did he >give me a careless driving ticket instead. >Thats pretty much, I know i was not driving carelessly, it was a clear >road, clear weather, my ticket also says the same. the speeding is not >mentioned on the ticket as well. > >what do you people think, how should i represent this case in the >court. I have a fine on $87 and 2 points. >will appreciate any suggestions on this. >Thanks in advance. Ed gave some good advice. I will add this: do a little looking on your own. What's the difference between a speeding and a careless driving ticket? Why the difference in your case? If you don't know, what could you possibly say in court? -- Bill Funk Change "g" to "a" |
#5
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"s" > wrote in message
oups.com... > Hi, > 15 days back I got a careless driving ticket. I am pleading not guilty. > however I am not sure how i should be representing my case? > How it happened: > I was driving to work on a saturday morning, when i see a cop car > following me, the lights start to blink and i am asked to pull down. I > do so. The cop asks me if i am fine and i tell him i am heading to > work. He says i am speeding and i should maintain the speed limit. I > don't argue and i say a 'yeah!' though i was really not sure if i was > speeding at all, may be on a 50 MPH speed limit road i was driving at > 60 or so. Anyways, i said nothing. he asked me for the paper work and > came back with a 'careless driving' ticket. He explicitly announced > that he is giving me a 'careless driving' ticket and not a 'speeding > ticket'. to that i said 'ok' and drove to work. > later, i realised that atleast i should have asked him that why did he > give me a careless driving ticket instead. > Thats pretty much, I know i was not driving carelessly, it was a clear > road, clear weather, my ticket also says the same. the speeding is not > mentioned on the ticket as well. > > what do you people think, how should i represent this case in the > court. I have a fine on $87 and 2 points. > will appreciate any suggestions on this. > Thanks in advance. 39:4-97. Careless driving 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. That is the careless driving law in NJ. I would imagine speeding would be better. Here's a tip... Get your court date postponed so it is over 1 month beyond the date of the ticket. The statute of limitations on careless driving is one month, and I believe it is the same for speeding. It will be easier to show you weren't driving carelessly than speeding. So once you show that they should not be able to give you a speeding ticket since it will have been past the statute of limitations. Cory |
#6
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Is the careless driving fine more than it would be for speeding? How
many points is it in comparison? it might be worth accepting the careless driving charge if it's less on both counts. |
#7
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Cory Dunkle wrote: > "s" > wrote in message > oups.com... > > Hi, > > 15 days back I got a careless driving ticket. I am pleading not guilty. > > however I am not sure how i should be representing my case? > > How it happened: > > I was driving to work on a saturday morning, when i see a cop car > > following me, the lights start to blink and i am asked to pull down. I > > do so. The cop asks me if i am fine and i tell him i am heading to > > work. He says i am speeding and i should maintain the speed limit. I > > don't argue and i say a 'yeah!' though i was really not sure if i was > > speeding at all, may be on a 50 MPH speed limit road i was driving at > > 60 or so. Anyways, i said nothing. he asked me for the paper work and > > came back with a 'careless driving' ticket. He explicitly announced > > that he is giving me a 'careless driving' ticket and not a 'speeding > > ticket'. to that i said 'ok' and drove to work. > > later, i realised that atleast i should have asked him that why did he > > give me a careless driving ticket instead. > > Thats pretty much, I know i was not driving carelessly, it was a clear > > road, clear weather, my ticket also says the same. the speeding is not > > mentioned on the ticket as well. > > > > what do you people think, how should i represent this case in the > > court. I have a fine on $87 and 2 points. > > will appreciate any suggestions on this. > > Thanks in advance. > > 39:4-97. Careless driving > 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. > > > That is the careless driving law in NJ. I would imagine speeding would be > better. Here's a tip... Get your court date postponed so it is over 1 month > beyond the date of the ticket. The statute of limitations on careless > driving is one month, and I believe it is the same for speeding. It will be > easier to show you weren't driving carelessly than speeding. So once you > show that they should not be able to give you a speeding ticket since it > will have been past the statute of limitations. > > Cory Hi Cory, What does that 'statute of limitations' actually mean? |
#8
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A stautue of limitations is a time period in which a charge must be
brought against someone or else the charge is no longer valid. So, if the staute is 1 month in this case, they could not charge you with speeding after a month has passed from the point at which you were ticketed. |
#9
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On Tue, 15 Mar 2005 13:34:24 -0500, "Cory Dunkle" >
wrote: >"s" > wrote in message roups.com... >> Hi, >> 15 days back I got a careless driving ticket. I am pleading not guilty. >> however I am not sure how i should be representing my case? >> How it happened: >> I was driving to work on a saturday morning, when i see a cop car >> following me, the lights start to blink and i am asked to pull down. I >> do so. The cop asks me if i am fine and i tell him i am heading to >> work. He says i am speeding and i should maintain the speed limit. I >> don't argue and i say a 'yeah!' though i was really not sure if i was >> speeding at all, may be on a 50 MPH speed limit road i was driving at >> 60 or so. Anyways, i said nothing. he asked me for the paper work and >> came back with a 'careless driving' ticket. He explicitly announced >> that he is giving me a 'careless driving' ticket and not a 'speeding >> ticket'. to that i said 'ok' and drove to work. >> later, i realised that atleast i should have asked him that why did he >> give me a careless driving ticket instead. >> Thats pretty much, I know i was not driving carelessly, it was a clear >> road, clear weather, my ticket also says the same. the speeding is not >> mentioned on the ticket as well. >> >> what do you people think, how should i represent this case in the >> court. I have a fine on $87 and 2 points. >> will appreciate any suggestions on this. >> Thanks in advance. > >39:4-97. Careless driving >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. > > >That is the careless driving law in NJ. I would imagine speeding would be >better. Here's a tip... Get your court date postponed so it is over 1 month >beyond the date of the ticket. The statute of limitations on careless >driving is one month, and I believe it is the same for speeding. It will be >easier to show you weren't driving carelessly than speeding. So once you >show that they should not be able to give you a speeding ticket since it >will have been past the statute of limitations. > > Cory > I don't think any statue of limitations would apply, since he got a citation already. -- Bill Funk Change "g" to "a" |
#10
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"s" > wrote in message oups.com... > Hi, > 15 days back I got a careless driving ticket. I am pleading not guilty. > however I am not sure how i should be representing my case? > How it happened: > I was driving to work on a saturday morning, when i see a cop car > following me, the lights start to blink and i am asked to pull down. I > do so. The cop asks me if i am fine and i tell him i am heading to > work. He says i am speeding and i should maintain the speed limit. I > don't argue and i say a 'yeah!' though i was really not sure if i was > speeding at all, may be on a 50 MPH speed limit road i was driving at > 60 or so. Anyways, i said nothing. he asked me for the paper work and > came back with a 'careless driving' ticket. He explicitly announced > that he is giving me a 'careless driving' ticket and not a 'speeding > ticket'. Why protest it? It sounds like he did you a favor. In most states, the speeding fine would be much higher, and probably carry more points. -Dave |
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