Asked 6 months ago - Fort Lee, NJFlag
I got 2 summonses in Fort Lee for 39:4–81 Failure to observe traffic control device (coming out of parking lot Whiteman Plaza) and 39:4–36 Failure to yield to pedestrian in crosswalk. I'm not sure if both things happened at the same spot because the cop didn't explain and pulled me over farther away after a traffic light at Main and Schlosser but the address on both summonses list address for Whiteman Plaza (not the traffic light). Cop said he has it all on video and I am thinking if the pedestrian was at the traffic light, I can get one of the offenses dismissed due to incorrect address. I am planing on negotiating to no or less points but want to see the video first. What's the best way to handle the situation and get to see the video? Thank you
In order to view the video you will need to file a request for discovery with the prosecutor. The request will need to be timely made as the police will purge the video after 30 days. However, the adress issue that you want to raise is not a strong defense. You can likely get a deal without the video. Though to get to zero points you will need an attorney.
You can get a copy of the video by filing a request for all discovery. However, most of the time the video in the police cars is not activated until the lights on the car go on. Thus the odds are that the video does not show anything other than your being pulled over after the alleged offense. As for the idea of plea bargaining, you may want to speak to an attorney. I am in the Fort Lee court frequently. Both the prosecutor and the judges are fair minded people but you may want to have an attorney who knows the court and personnel in order to get you the best possible deal. Feel free to call me if you have any further questions.
You request discovery from the prosecutor. The Ft. Lee prosecutor is a real nice guy and the Judge is great too. If a non-lawyer makes them do extra work I do not know. You are allowed to ask for the reports and videos. Send a letter in, addressed to the prosecutor and a copy to the Court, return receipt. They likely will not respond before your first appearance but you have the receipt to prove you asked. You should get the video before the next date. (if it really exists and it is a police video not the private security camera) (if it is private security you need to ask or subpoena the mall for it before it is destroyed) I do not know what the cost will be.(you purchase discovery). As a practical matter, if you are trying to get out of points, you have a better chance negotiating before declaring war. The prosecutor may think, "Ok if you want to fight lets fight". An attorney can get away with it because it is just part of their job. A layman is perceived as declaring war. Both tickets are 2 points. Try in negotiations for a "delaying traffic" ticket not a 4-97.2 unsafe. The unsafe is $439 dollars. Of course the 0 point negotiation would be easier and likely only possible with an attorney.
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