It seems to me that whether it is legal or illegal to turn on a double-yellow line (perhaps debatable) is moot. You never turned! I don't see how you can be cited for an improper turn that never took place. I am actually quite familiar with the Atco area as I lived in Winslow for many years. I have some questions to ask you. Was the other driver cited? Was this incident witnessed by an officer? Did you or the other driver make any admissions? Depending on your answers there may be another way out. Frequently tickets in accident cases where both drivers are cited can be dismissed if there are no other witnesses. You are both defendants each with a fifth amendment privilege not to testify. If neither of your testifies, both tickets could be dismissed. It doesn't jeopardize your civil case (your damages) since you were rear-ended.
Thank you for your email.
You have multiple issues that require attention.
First, the municipal court action-- you have a valid defense on the ticket. It is not per se improper to attempt to make a left turn under the facts you described.
Second, the civil suit for injuires (if you were in fact damaged in some manner)-- you have a civil suit that can be potentially affected by the above and legal counsel is recommended. You have rights to preserve.
Please feel free to contact me if you would like to discuss your potential matter in greater detail.
The answer of Mr. Futerfas could not have been better stated.
While I certainly respect the second officer's statement that the ticket 'would be taken care of...', it is the issuing officer who decides whether to allow the ticket to be taken care of by dismissal, not some other officer.
If the matter is still pending, I suggest you meet with an exp[erienced defense lawyer in NJ to discuss the entire matter.