I received a creless driving ticket in Avalon, NJ. I was at a gas station and when I was leaving I tried to go around the car at the pump in front of me. I backed up for more clearance and misjudged the distance and tapped the car behind me. Damage to both vehicles was minimal and cosmetic. The driver of the other car was the daughter of its owner and wanted to contact th police just to get an official accident report. The officer arrived listened to our explanations and cited me for careless driving. Can I fight and win this? As I said, damage was negligible and I was going less than 5 miles an hour (I didn't even have my foot on the gas) when we I hit the other car.
The key words in the statute are "due caution". Most judges will take the position that if you struck another vehicle, you were not using "due caution". Given your explanation that you "misjudged" the distance, I don't think you will "win", meaning get a dismissal.
However, the prosecutor will in all likelihood grant you a downgrade to a zero point violation (unless you are jack the ripper of the highways). Without an attorney, that will likely mean "unsafe driving" and a $400 penalty. Whether that is the best thing to do would depend on your record.
Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
I agree with the first answer. It is unlikely that you will "win" the case based on your explanation.
However it is likely that the prosecutor can downgrade this to a no points violation. With an attorney you would probably be able to get something less than "unsafe driving" which is usually reserved for 3pt+ offenses.
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
You are technically guilty. But the prosecutor will almost certainly give you a 0 point ticket. Try for one not 4-97.2 that has a $439 fine. You do not need an attorney unless you intend to fight the ticket. If so the best bet is to hope the other person does not appear.
Sure. If the other driver does not appear then object to any testimonty about what the other driver said as hearsay, don't testify. Argue that your statement, if admitted, was not corroborated and that an accident does not mean that the driver was careless.
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