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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 557
Experience:  Private practice
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Got careless driving violation (2 points) Have no moving

Customer Question

Got careless driving violation (2 points)
Have no moving violations in over 30 years.
Cop had quick temper n threatened me w violation if I didn't stop talking n get back in my vehicle.
I just wanted him to state in police report, the reason I fender bended the parked car was because it was in fact illegally parked, in drive-thru section of poking lot, leaving no
space for cars to drive through lot.
He said "now I'm going to hit you with a violation.!" I did not commit "careless driving" in any sense of the words.
I want to contest this ticket in court.
Do you think I have a case.
I'm in New Jersey.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CriminalDefense replied 1 year ago.

Good morning. Did the officer appear after the fact? Were there any witnesses to this?

Customer: replied 1 year ago.
There was another couple and their 2 children, who heard the noise of the fender bender, and walked back to their car, thinking I may have hit their car. Yes they were there at the point the cop arrived. I was in fact OUTSIDE of my van talking with them when he arrived. I reached out to the police, thinking they would write in the report that these cars were in fact parked illegally, on private property, so my insurance would see I had good reason for the difficulty I had trying to pass by these parked cars. It was a drive thru lane in parking lot. Meant only for traffic to drive through. Yet they were blocking traffic from coming thru.
Customer: replied 1 year ago.
All the officer did was deny the fact that he would put that in the report. He said" he would have to ticket ALL EIGHT CARS parked ILLEGALLY" "and he was not going to do that." another officer arrived (because I saw how dishonest this officer was, I called police department again.) The second cop stated and I quote, " police officers are not allowed to ticket any parked car on private property, unless it is parked in a Fire Zone or in a Handicapped spot." That's the answer the first AND the second officer gave me.
Is there any truth to that statement.
Customer: replied 1 year ago.
I've been waiting for your answer for over an hour. What happened to the"only 3-7 minute wait time. "
Expert:  CriminalDefense replied 1 year ago.

Sorry for the delay. I responded back to you on the 11th and did not hear anything in return for close to 5 days, so was not sure if you were still logged into the site. However, I am happy to respond please allow me a few moments.

Expert:  CriminalDefense replied 1 year ago.

Thank you for the additional information. Since the Officer(s) arrived after the fact, they can not testify at the trial as to your driving pattern and if in fact it was careless. Only you and the other driver/witnesses, could testify to what happened. With that being said, if the other party fails to show at trial, then the case would be dismissed, since there is nobody to oppose your testimony and the Officer(s) were after the fact. Now, if they do appear, then it will be your word against them and up to the Judge to decide, in regard to your driving being "careless" as alleged. If the cars were parked illegal, this could be a mitigating factor to use in your defense and opposition to the citation. In order to prevail, the State must prove the following:

39:4-97. Careless driving

39:4-97. 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.

As such, you would need to show that these elements were not present and the result was from the other party and/or illegally parked cares.