Legal Question in Traffic Law in New Jersey

question

i was in one town driving and a kid throw something at my car and i my friend threw a cup at him and then we were going back to my home town the cop followed me into my town and he was not in a pursuit at all and on the way to a stop sign my brakes failed and got into a accident mind there was no way for this cop to see it it was over a hill and he still followed me and gave me tickets

was the cop allowed to follow me into the other town


Asked on 5/14/02, 6:19 pm

3 Answers from Attorneys

Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: question

Police officers can write tickets in any NJ town -the key here is to determine where they filed the tickets. It is my understanding that tickets must be filed in the municipality where the offense occurred. Usually one judge will consolidate the matters and I think this is done through an order of a Superior Court judge. But if the initial tickets are in the wrong municipalities and a certain amount of time is elapsed you may be able to get some or all dismissed.

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Answered on 5/16/02, 11:01 am
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: question

From your post, it sounds like you're asking whether a police officer from one township can stop you in another. If that is your question, the answer is yes whether or not he or she was "in pursuit." You might have a valid argument if, for example, a PA or NY police officer had stopped you in NJ, but our law says that police from NJ towns can make stops in other NJ towns.

If you would like to discuss this matter and/or consider whether any other factors may be important to your defense, please contact me as I offer free consultations.

Thanks,

Daniel B. Kelley

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Answered on 5/15/02, 9:31 am
Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: question

You could attempt to fight the ticket based on the fact that the accident occurred outside of the officer's jurisdiction and therefore the municipality who would recieve the money from the violation has no authority to collect such funds due to lack of jurisdiction. Please be advised that I do not know all of the facts and I have not been retained to represent you and you should not rely on this information without speaking with an attorney to discuss all of your options. If you wish to discuss this matter with me, I can be reached at 908-537-7975.

Good Luck!

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Answered on 5/15/02, 9:33 am


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