Legal Question in Traffic Law in New Jersey

Careless driving in mall parking lot?

I was driving thru the mall parking lot when I was pulled over by an officer. My daughter was with me and we had no idea why he pulled us over. When I asked him, he said I blew thru a traffic stop. I said I did not see it and he also said obviously I know and you almost hit me. I realized that there was no stop sign where he said I blew thru it. Also how could I possibly hit him if he was behind me.I told him that there was no stop sign and he said I should have stopped anyway going out to the main road. But it was not a main road it was a two lane that goes around the side walk of Lord and Taylor. I want to go to court to fight it because I do not feel I did anything wrong. He wrote me up for careless driving Should I try to fight it and is it possible they would reduce it to a non driving offense?


Asked on 12/16/06, 8:02 pm

3 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Careless driving in mall parking lot?

Its a 2 point ticket so the prosecutor may not do much with it. The only they will offer you will be an unsafe driving which is no points, but a larger fine. You can do this without an attorney.

However, I have had clients who really wanted to fight a 2 point ticket even with though it would cost them attorneys fees. If you have any other questions, feel free to call me at 732/247/3340.

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Answered on 12/16/06, 8:06 pm
Gary Moore Gary Moore Attorney At Law

Re: Careless driving in mall parking lot?

The careless driving statute is N.J.S.A. 39:4-97 which describes careless driving as operating a motor vehicle without due caution and circumspection thereby place people or property in danger of injury or

damage. He apparently felt that before entering a roadway that one should stop and observe. This may be unnecessary where there is an unobstructed view of the roadway one is entering so that there is no need to stop and observe same when there is no stop sign.

If you intend to have a trial you should obtain photographs of the subject are in which you are driving.

It may be that you were not careless and it may be that you were careless. It is difficult for me to judge your case without knowing the area in question and knowing exactly what the officer will say if he testifies in a trial.

If you have a good driving record you can probably speak with the prosecutor and work out a deal in which you plead guilty to a no pointer. A no pointer can have a fine; court costs and surcharges totaling over $400.00.

Call me Monday if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/16/06, 10:19 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Careless driving in mall parking lot?

The only way to actually fight and beat this ticket is to take the case to trial. The prosecutor can not change a moving violation to a non-moving violation. I am an attorney who has handled many cases similar to yours in various courts in New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/18/06, 5:02 pm


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