Legal Question in Traffic Law in New Jersey

An SUV (driven by an off-duty plice officer) making a left turn struck (totalled) my daughter's car as she drove 45mph (speed limit) on a 2-lane road. Through the mail, my daughter was issued two summonses, accusing her of having illegally passed the SUV on the highway and causing the accident. Her testimony at the accident site was not considered. What strategy do we use to contest these charges?

Asked on 5/13/13, 4:40 am

2 Answers from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

It sounds like the officer charged your daughter with improper passing and I am guessing careless driving which both carry motor vehicle points. I am not certain which improper passing summons she was issued but it may carry 4 M V points and the careless driving if that is what she was issued carries 2 points. Your only strategy is for your daughter to plead not guilty and request a Court date. You may want to consider hiring a lawyer experienced with Municipal Court traffic matters. I would be happy to speak to you about the matter. I never charge a fee merely to speak to someone about their case. However even if you choose to forgo a lawyer, you should appear in Court and speak to the Prosecutor to see what they may offer your daughter to resolve the case. if you cannot reach a resolution, she should maintain her not guilty plea and request a trial and the Judge will decide whether she is guilty or not. Again, please feel free to call if you wish to discuss the matter further. (201)-342-5030

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Answered on 5/13/13, 2:53 pm

Robert Davies The Davies Law Firm, P.A.

You live nowhere near me, so I can not assist. The cop was protecting himself by charging her with causing the accident. You want to hire a smart and experienced traffic attorney and go fight this. Beat these charges. Then sue the police officer and department for wrecking the car.

Go fight. This kind of nonsense happens a lot. Almost all police officers are dedicated, tough and caring men who protect us. This one is a coward who will not accept responsibility for his mistake and he is attacking a little girl to cover his own backside.

Go fight.

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Answered on 5/14/13, 6:43 am

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