How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12118
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Can a police officer in nj issue a ticket in an accident he

Resolved Question:

Can a police officer in nj issue a ticket in an accident he himself was involved in? Also the police officer struck our vehicle in a strip mall parking lot which I assume is private property. He gave me a careless driving ticket though he was on wrong side of road and struck me on passenger side of my vehicle. I thought private property excluded you from these tickets?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation. First of all, yes, the police officer can issue a ticket in an accident that he himself was involved in. The fact that the officer was involved in the violation / crime does not negate his authority to issue tickets, although it absolutely could be something that you could challenge bias / whether he was responsible for your actions / etc... so it could be the basis to challenge his perception of the events, his lack of neutrality, etc... in the situation that he was involved in the event.

ScottyMacEsq :

But he could legally still write a ticket for that.

ScottyMacEsq :

As for the private property, the law here, New Jersey Annotated Statute 39:4-97 says, “A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.” Note that there's no requirement that this be on public streets or highways. Rather, it merely requires that someone operate a vehicle carelessly, and that can even be on private property. Lots of laws cross the "property boundary" and would implicate behavior on private property, and this would as well. Since it is a moving violation, it could be issued anywhere that a car moves.


 

ScottyMacEsq :

Now I do think that if he was involved in the accident itself, it would certainly be a good way to call into question his credibility of the events, etc... to try to overcome the evidence and establish a reasonable doubt in your case. That being said, you need to contact an attorney in your area that deals with traffic law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer: ,
ScottyMacEsq :

I'm sorry? I only see a comma in your response. Did you mean to say something else?

Customer: No, thank you for your help. Can I pursue the fact that officer was going wrong way on wrong side of road
ScottyMacEsq :

Yes, certainly.

ScottyMacEsq :

Now he could have had a good reason for doing so, but the fact that he was will at least give some doubt to his version of the story.

ScottyMacEsq :

(meaning that it would be a basis to attack his perception / memory / basis in his testimony)

Customer: He said he was patrolling. But when I made right didn't expect him there so tried to go around him and he just kept coming and hit me from front quarter panel all the way to back bumper
ScottyMacEsq :

Again, to the extent that you can challenge his perception / attentiveness / etc... that could certainly establish doubt as to whether you were acting in a negligent manner or not.

ScottyMacEsq :

(or careless, etc...)

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer: No thks
ScottyMacEsq :

If there's nothing else, please rate this answer so that it will close out and allow me to assist other customers that are waiting. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better).Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12118
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 8 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
ScottyMacEsq
ScottyMacEsq
Lawyer
12118 Satisfied Customers
Licensed Texas General Practice Attorney