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I was charged with leaving and seen the accident. A friend tells me I can downgrade to "zero" points. He says "obstructive

New Brunswick, NJ |

"obstructive traffic". Will I win? A lawyer can win? Why - what can the lawyer do? Is he "connected"? How can I get a "connected" lawyer?

Attorney Answers 8

Posted

Snowballs chance in hell.

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1 comment

Asker

Posted

Eatin' corn dawgs my lordi! You are one courageous disco diva! Parle vous france papasito!

Posted

First of all go see a lawyer instead of a friend. Leaving the scene of an accident is serious business and especially so if anyone was injured.

But to answer your question, unless there was something wrong with the state evidence they would not be offering you obstructing traffic as a plea.

Please see a lawyer. There are many here who do great work.

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Posted

If your friend isn't a lawyer, don't take their legal advice as they aren't lawyers and aren't qualified to make such statements. Also, you're facing anywhere from 2 to 8 points being assessed on your license depending on whether there was bodily injury. You're also facing anywhere from 6 months to 1 year depending on the facts and circumstances. What you need to do is speak to a lawyer who can sit down with you in a confidential setting and get an account of what happened on the day in question. Your driving history among other factors will largely determine what possible outcome could happen in Municipal Court. Meet with an attorney in person PRIOR to your scheduled court date so you can be properly advised.

Lawyers aren't "connected". Lawyers know the case law, statutes and court rules better than most people who aren't attorneys. We are in court more frequently and know what information to look for in the police reports and how to avoid making statements that could be potentially incriminating. Good luck on your case.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.

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7 comments

Asker

Posted

Don't the Judges know this too? I don't get it. Why have a judge then.

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Judges are the trier of fact in Municipal Court cases. They determine guilt and sentencing. Lawyers are advocates whereas judges are not advocates. The prosecutor ties to convict you and the defense attorney tries to raise reasonable doubt, if possible under the circumstances and be heard as to sentencing to try to reduce the punishments you face, if possible.

Asker

Posted

And I guess the Judge knows this.... and... so, if the Judge sees an incompetent lawyer, he is perfectly willing to screw the client just b/c his lawyer is bad?? Outrageous. The judge should try to find the truth, lawyer or no lawyer.

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Bear in mind you have the right to appeal the decision of the judge within 20 days of the Court's ruling in the Superior Court's appellate division if you disagree with either the verdict or the sentence imposed. The competence of a lawyer, or lack thereof, shouldn't be based solely on the outcome of your case. If you are adamant about discussing this matter further it should be done so in private rather than on an open forum.

Vikrant Kishin Advani

Vikrant Kishin Advani

Posted

I agree. Your question no longer seems like a question but a rant of sorts. most if not all lawyers I know are competent and passionate about their work especially those in municipal court. just my two cents.

Asker

Posted

You guys are my all-time favorite disco divas, I mean this in a friendly Martha-Stewart-kind-a-way.. Thanks a million (and two cents!)...

Vikrant Kishin Advani

Vikrant Kishin Advani

Posted

you're welcome. and I want my two cents back.

Posted

Leaving the scene is very serious. I have not heard of a downgrade to obstructing the flow of traffic. More likely would be failure to report an accident. It is impossible to say exactly what is possible without knowing all the facts. Good luck.

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Posted

Mr. Avani is absolutely correct. If your friend is a lawyer, he is possibly guilty of malpractice. Listening to a friend in a case like this is like asking your friend to treat you for a heart condition. Leaving the scene of an accident is a very serious offense, especially if there was any personal injury or property damage involved. This can result in a license suspension, fines, and even jail. You need to see an attorney right away. There are ways to lower the penalty, but you need a traffic attorney on your side.

DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.

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Posted

If you want a lawyer to help, all you need to do is ask.....

Lawyers provide services to clients, and because they have knowledge based on their experience and their studies, usually can get clients a resolution they are happy with. If they didn't do this, why would all those people pay for the services?

Like I said, if you want help, just ask......

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Posted

That's quite a stretch. A review of discovery is the least that is needed to give you reliable advice.

973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

New Brunswick Municipal is a very reasonable Court. Leaving the scene is a 6 month suspension. If there was injury do not think of going without an attorney. If just property damage an attorney can do much better also. 0 points on the careless driving ticket is likely possible, better with an attorney. Obstruction is not as likely but possible. Also there is the issue of a "civil reservation" for future suit purposes. The big issue is to get rid of the LTS. Call around to experienced criminal defense attorneys in the general area.

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