Would the judge dismiss case if other party and prosecutor showed but not the cop? Mom has liability ins. only.

Asked about 2 years ago - Jackson, NJ

The police report had the accident wrong (no other witness) and later issued my mom ticket for careless driving due to bias for the other driver clearly violated traffic laws. Mom plead not guilty, at the day of trial the cop did not show, prosecutor threatened and coerced my mom with no counsel to settle with 2 points and civil reservation. I do believe mom would have won because the facts are with her. Would the judge dismiss the case as cop was not there?
Mom's insurance rejected the other driver's claim and the other driver's insurance is stalling. Two month later now the other driver lies that he was injured which was unlikely based on the shallow dent his truck left on mom's car. What should mom do to get the other ins. respond and pay for repairs?

Attorney answers (5)

  1. Yolanda Navarrete

    Contributor Level 20

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    Answered . The court would probably not have dismissed your mom's case. The police involved in the case are often on call, and called in if a plea bargain is not reached. If the police is not available they reschedule. As for the civil suit, she should send the documents to her insurance company and be available to answer interrogatories and give testimony if the need arises.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  2. Dean P Murray

    Contributor Level 18

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    Answered . If your mom took a plea bargain without counsel, it is possible to reopen the case based on what transpired in Court that day. If your mom did not properly understand her rights or the repercussions, then there may be grounds to appeal from the municipal court to the Superior Court of New Jersey (which is located in your County Seat). In Ocean County, that is Toms River. However, she only has 20 days to file an appeal. She should therefore consult an attorney IMMEDIATELY. In such cases, the attorney would request that the higher court conduct a "plenary trial de novo" or send the case back down to the municipal court for a new trial. I have filed such appeals before and in many instances, the municipal court prosecutor agrees to a better deal rather than fight the appeal. However, I want to stress that this is EXACTLY why lawyers constantly tell the public to consult and pay attorneys from the beginning. It's a lot easier and cheaper for an attorney to have helped your mom before this went to trial than it is now. With all the attorneys offering free consultations today, there is no excuse to take your chances with a legal issue that you have reason to believe may affect you in the future, and hire an attorney to clean up a mess afterward. There is considerably more work involved now. If you found this answer helpful, kindly consider marking it BEST ANSWER or HELPFUL.

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . If no counsel, then have a local criminal lawyer appeal it asap. With respect to the insurance claim, if your mother was injured due to the negligence of the other driver, retain a local personal injury lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. James Alexander Abate

    Pro

    Contributor Level 18

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    Answered . If your mom is facing a lawsuit and got a civil reservation, I would not appeal or seek to undo the plea. The civil reservation protects her from the plea being used against her in a civil trial. If she goes to trial and loses, then it could be used against her. The civil matter is where she should be looking to prove it was not her fault. But I would get a copy of the cop's video before it is erased.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
  5. Michael Shemtoub

    Contributor Level 17

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    Answered . Your mom should have had legal counsel before court! She needs to talk to her insurance company and stress the problems to them. If that does not work, then she needs to get her own attorney to fix the mess.
    Good Luck
    Check out my website below and 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

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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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