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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Can a police officer in nj issue a ticket in an accident he

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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?

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!

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