Legal Question in Traffic Law in New Jersey

I was involved in an accident. I stopped at the stop sign and saw the other car about a block away and proceeded through the intersection. I was struck by the other car in the rear tire/bumper as i was exiting the intersection and consequently hit a parked car wich caused me to loose control and spin. I was given a ticket for failure to yiled the right of way. the office who respondet at the scene was not the same officer who wrote the report and they have the list of events incorrect. The reports states I was hit and lost control causing me to hit the parked car. it was more like he hit me into the parked car causing me to loose control.the ticket i received is for failure to yield the right of way but that statuted states

39:4-90. Failure to yield at intersection, Right of way at intersections The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When 2 vehicles enter an intersection at the same time the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right.

it is very clear fromthe point of impact that my car had already enetered and almot exited the intersection before the other car even entered, He hit my rear driver tire and bumber slamming my car into the parked car and ausing me to spin out.


Asked on 5/08/14, 10:44 am

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

If that is your feeling you can plead not guilty and ask for a trial. The officer may have reached his conclusion because you had the stop sign. It is a factual issue. you also risk points. If there were no injuries then hopefully that means the judge would not suspend your license if you lost after a trial. I do not view it as an extremely serious ticket but you just need to be aware that you can most likely negotiate a no point violation with the prosecutor.

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Answered on 5/11/14, 8:41 am


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