Burlington County New Jersey, a car was directly in front of me and on the right side of me. Cop said I didn't get over - because there was a car next to me that I would have crashed into if I got over.
You need to evaluate whether or not the prosecution can prove you guilty. You should never assume that they can. If you couldn't get over without crashing that is a valid defense
You always have options that you may not realize. Take advantage of a free consultation and talk to a lawyer about ways to fight the ticket or resolve it in a way to keep you from getting points on your license
Mr. Brennan's response is correct. A moving violation has to be proven by "beyond a reasonable doubt" the same standard as required in criminal court. You may want to consult with a traffic law attorney to see what your chances in court are, or alternatively, what you might be able to get in the form of an alternate plea that avoids points. Much may also depend on your prior driving history as well.
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And there was no room to slow down and get behind that car? The law does not assume your right to maintain your speed before moving over, as well. So understand that if not moving over was due to some choice you made, and you cannot make a good argument otherwise, you should take that into account when planning whether to fight the ticket.
The ticket does not mean the second you saw the officer you should move - but it does mean that you could and should have gotten over and did not. At least put on the directional to indicate your intent. If you did that, you have a great argument that you tried but could not.
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If this is all you were cited with, This is a two point ticket. Yes, the state does have the burden of proof to establish and since most attorneys give at least free initial consultations, it won't hurt to go see one for a more detailed assessment. That said, if you fight this case, remember, while the state does have to present its case, and prove each element of the offense beyond a reasonable doubt, you will likely have to come back multiple time to court for your trial to occur, not to mention, trials are at the end of the court calender so you may be waiting a long time. There are no point amendments if you go to court, and if you have a decent record, the prosecutor will likely downgrade your ticket to a zero point ticket; however, its expensive, around 439.00 for a first offense. If your lucky, you may get it down to a far less expensive no point ticket, but its unlikely. You can also pay the ticket then if eligible pay the ticket and take a defensive drivers course and upon successful completion, two points comes off your license. The choice is yours; however, again, I would at least take advantage of at least consulting with an experienced traffic attorney. You may have defense but more information is needed. Best of luck to you
Based on your post it is a 2 point ticket although there are some that sound the same that are more. If it is a 4-82 it is just 2 points. If you fight this it is just the time to worry about. Retaining an attorney does not make too much sense unless the points would raise your insurance (not likely but check) or put you over 6 points for a surcharge. Otherwise the worst that can happen is a higher fine than that on the back of the ticket, (the ticket price is only if you pay before court). Or you could go to court and try to get a 0 point ticket but a 4-97.2 (unsafe) is $439 so unless you get a cheaper 0 pointer it makes no sense as well. If you pay you get 2 points but if you take an approved safe driving course that is removed. (again check with your carrier to make sure they give it to you as well).
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