Legal Question in Traffic Law in New Jersey

I recently received a complaint summons in Roxbury Township and the officer never checked off a traffic offense but just wrote in "creating risk of accident" under other offense... if he didn't check anything how am I supposed to know what my fine is?


Asked on 6/02/12, 9:24 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

When you go to court ask the Court to dismiss the complaint for failure to allege a specific violation of the motor vehicle code.

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Answered on 6/02/12, 11:49 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

you could actually call the Court to inquire if the Office filed another copy of the summons where he may have listed the Offense and perhaps it is not visible on your copy. However, I agree with Mr. Moore in that you should probably just request a Court date, plead not Guilty and speak to the Prosecutor about having the ticket dismissed based on the Officer's failure to allege any specifc violation of the Code. It sounds like he meant to charge you with careless driving based on the (creating risk of accident) notation on the summons, but if that is all that was written it does not properly appraise you of what they are cliaming you allegedly did. Please feel free to call with any other questions (201)-342-5030, good luck

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Answered on 6/04/12, 12:15 pm


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