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Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 23541
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
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My mother (72) was involved in an auto accident a week ago.

Customer Question

My mother (72) was involved in an auto accident a week ago. She was severely injured and from what we know the other party walked away. She was issued a careless driving ticket. I only know this because there was a notice at the house when I went to pick up her mail that said her municipal court case for the violation is now being transferred to the county prosecutors office? What exactly does that mean?
Submitted: 1 month ago.
Category: Traffic Law
Expert:  Zoey, JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

In what US state did this happen? Does your mother have a court date?

Expert:  Zoey, JD replied 1 month ago.

I don't know what US state your mother lives in. But typically, when a case starts off in municipal court and then it moves to county court, that means that the prosecutor feels the case is more serious than they first supposed. Traffic offenses and very low level matters stay on the municipal court level. More serious crimes, those that are potentially indictable, move on to a higher court.

If this is what has happened to your mother's case, make sure she has a lawyer when she comes to court. My guess is that the other party is involved and that what he or she may have told the police about the incident has raised the stakes here for your mother.

Customer: replied 1 month ago.
Nj.. no court date just a letter that said it had been transferred
Expert:  Zoey, JD replied 1 month ago.

Thank you. It sounded like New Jersey, but I needed to be sure.

My answer above is correct. In NJ, careless driving is handled as a traffic infraction -- either a disorderly person's offense or a petty disorderly person's offense -- and would be in municipal court. Something has come to the prosecutor's attention and he or she now believes that a more serious crime has occurred. That's why the case has been transferred to county.

Exactly what happened, I do not know because I haven't enough information, and probably you don't either right now. It's possible, for example, that the other driver was also injured and now this could be a vehicular assault case.

She needs to consult with a local criminal lawyer who would be able to find out exactly what she's going to be facing and then protect her interests, as this could be a serious matter.

Customer: replied 1 month ago.
I got the police report it says that the other driver of a 18 wheeler truck was in injured and the only damage was to the tire and rear axel of the vehicle.
Customer: replied 1 month ago.
I do not know if it was transferred because she ( my mother was seriously injured)
Expert:  Zoey, JD replied 1 month ago.

If your mother is the defendant in the case, it was not escalated to county court because she was injured. I was only guessing at the other driver being injured because it was the most logical reason for the case to become more serious.

She will need a lawyer who can discuss the matter with the state attorney and find out exactly what she's facing and then represent her from there.

Expert:  Zoey, JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.