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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41220
Experience:  Run my own practice.
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Hi, I was in a car accident a couple weeks ago. I would like to contest multiple parts

This answer was rated:

Hi,

I was in a car accident a couple weeks ago. I would like to contest multiple parts of the report, including-
-the driver of the other vehicle
-the stop sign citation

However, I live out of state and it would be challenging to come to New Jersey for a court date.

I see two options-

1. Pay the citation. If I choose this, I would need advice on how to expedite payment (because the expiration on the ticket is tomorrow). I also don't have a copy of the ticket.

2. Contest. If there's even a 20% chance I would lose, it's not worth it.

What do you think?

Thank you so much.

Dimitry Esquire :

Thank you for your question.

Dimitry Esquire :

I am a licensed New Jersey professional. Please allow me to assist you.

Dimitry Esquire :

In terms of expediting payment, what governs is the postmark stamp on your letter. So long as you mail it in before the deadline, the citation would be considered paid off timely, provided they receive the check.

Dimitry Esquire :

You can also contact the courthouse directly and speak to the clerk to see if thy are able to take payments over the phone. That is a bit 'hit-or-miss'--some courts in certain townships do it, some do not. But it is a viable option.

Dimitry Esquire :

As for contesting, I cannot tell you on what grounds you wish to contest and what happened so I cannot really tell you your chances.

Dimitry Esquire :

If you could provide that information I would be happy to attempt to clarify, thank you!

Customer:

So a couple things-

Customer:

1. I don't have the citation, so I'm not sure what information to include with the payment.

Customer:

2. I would contest that I did stop at the stop sign, came out, and was hit.

Customer:

Also:

Customer:

The "driver" listed on the report was late to the scene and- I was later told - covering for the actual driver, who was unlicensed and an employee of his.

Customer:

I don't know if this matters.

Dimitry Esquire :

Without the citation you need to contact the courthouse where you were pulled over. There is no centralized location for your fines in New Jersey, each courthoue handles collection of fines and hears cases.

Dimitry Esquire :

In terms of the latter, it may be important but only if you can prove it.

Dimitry Esquire :

If you were told it but aren't sure, that is called 'hearsay' and is not admissible in court as any sort of evidence.

Customer:

What would "proving it" entail? I know for sure that he wasn't the driver, I saw the driver and spoke with him.

Dimitry Esquire :

It would involve you going to court and convincing the judge of those acts. If you have any direct evidence such as a picture or image of who actually drove, or witness testimony of anyone not directly related to the situation, it would likewise be helpful.

Dimitry Esquire :

But otherwise it is your word against the other person, and that by itself is generally not enough to meet the burden that your facts are stronger and more likely to be true.

Customer:

Interesting, thank you. Assuming I could provide a witness, what is a possible outcome? I guess I don't see clearly how the driver piece would interact with a verdict.

Dimitry Esquire :

It could strengthen your claim that you weren't at fault, and insinuate that as the other person misled the courts and the police of who was behind the wheel, he could similarly mislead in terms of the facts of how the crash occurred.

Dimitry Esquire :

Hope that helps!

Customer:

It does, thank you so much.

Customer:

Last question: if I decide to pursue this, is there any way to avoid court?

Customer:

I live out of state and it would be very difficult to get down there.

Dimitry Esquire :

You are most welcome. If satisfied, please do not forget to positively rate my answers so that I may obtain credit for my work.

Dimitry Esquire :

As for your last question I am afraid either you pay the citation and admit guilt or you got o court to fight it, NJ does not have the ability to contest via phone or other mediums.

Dimitry Esquire :

I wish I had a different answer, but if you want to contest, that can only be done in court.

Dimitry Esquire :

Please take care.

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