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I unknowingly backed into a parked car - I received a ticket for leaving the scene of an accident. How can I keep my license?

Red Bank, NJ |

No one was in the other car so there were no injuries. I hadn't realized what happened and when I returned the police were there. He ticketed me for careless driving, leaving the scene of an accident and not report an accident. I have a clean driving record (no points, no accidents, no tickets). I can't afford to lose my license or my husband and I will have no way to work. How can I keep my license?

Attorney Answers 7


  1. You need to hire an attorney to go over the specifics of your accident. Was the leaving the scene of an accident a civil or criminal charge? It does not sound like you had knowledge of the accident. What does the physical evidence suggest. Were there any witnesses? What did you tell the officer? You really need to get an experienced attorney to look at all the evidence and give you a confidential assessment of your case.


  2. You will need to look at the language of the statutes you were cited for. Then determine how you can prove that the language doesn't apply to you. This may be difficult in the case of laws that are considered "strict liablity" in that you did not have to know anything, you simply had to perform the act in order to be guilty. Alternatively, if the statutes have language of intent (i.e. knowingly, recklessly, intentionally, etc.), you may be able to show with testimony that you were not guilty of that element. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. Retain a good local traffic court lawyer in Red Bank to fight it.


  4. Since the matter involves a parked car and no one was hurt, it is very unlikely that you will lose your license. Practically, you should hire an attorney who appears in municipal court to assist you. The attorney will most likely be able to have the matter resolved by you pleading guilty to the Failure to Report and Accident which is no points. Depending on your driving record and other factors, the prosecutor may require that you plead guilty to the careless driving. Typically, your attorney can get that reduced to a no point ticket as well.

    This response is NOT legal advice and does NOT create an attorney-client relationship. For more information on our firm, visit our website: www.njpa-law.com.


  5. You need to get a copy of the police report and contact a local attorney to protect your rights.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  6. You should hire an attorney to handle the matter. Plea negotiations can take place and it helps that you have such a clean driving record.

    John Ducey
    732-458-5600


  7. You need to hire an experienced attorney to review the paper discovery and make the appropriate motions. An experience attorney may also be able to get you a favorable plea agreement. Many attorneys such as myself offer a free 30 minute consultation. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.