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What Are the Chances of Beating a Reckless Driving Ticket

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  • 11-03-2012, 08:52 PM
    priyagajjar
    What Are the Chances of Beating a Reckless Driving Ticket
    My question involves a traffic ticket from the state of: New Jersey

    Hi, I am from jersey city, new Jersey and I am Nurse. It was two days after hurricane sandy and there was a chaos everywhere, roads were closed, no power and still I had to go to work.

    So, it was 5:30 in evening and I was returning home. All small roads were closed by police, barricades everywhere to keep traffic moving only on main roads. I couldn't find any open roads that I know to take turn and go home. After driving a mile away from my actual turning point I decided to ask a cop to show me any open road to way back home. It was a slow moving traffic and I see a cop's car behind a barricade. I took my car to side of that barricade so that traffic keeps moving and stopped in front of barricade to ask cop way back home. Before even I speak anything that fat shit lady cop came out from car shouting out loud "I am gonna give you reckless driving ticket." I was literally shocked by such behavior. At such time in state of emergency I was expecting cop to be helpful not to be so rude. Now she gave me a ticket with court appearance for reckless driving which I do not consider as my fault. I think that lady cop may be exhausted and frustrated because of long working hours and ranted all her anger on me. I want to plead not guilty in court and go against that ticket. Just want any lawyer's opinion here.
  • 11-03-2012, 09:21 PM
    Disagreeable
    Re: Should I Go Against That Ticket What My Chances Are to Win
    Based on your description, I concur with your analysis. Usually, you will find fighting a ticket like this to be an endeavor in frustration. In your position however, I would plead not guilty and let the judge decide. Make sure to bring proof you were working prior to the citation. Pictures of the confusion and a map of the area showing your normal route and how you became lost, should be provided in your defense. If the officer does not show, request the ticket be dismissed. She may feel bad about it later. Though working in a fixed location, you should IMO, still be considered an emergency responder and necessary on the roads.
  • 11-03-2012, 10:58 PM
    Who'sThatGuy
    Re: Should I Go Against That Ticket What My Chances Are to Win
    What is the statute number on the ticket?

    Was this in Jersey City on route 440?

    If so, the barricades were in place so you couldn't cut across the grass median and get hit by oncoming traffic.

    From what you wrote, a careless driving ticket would be more proper then a reckless, but I didn't see what the police officer seen.
  • 11-03-2012, 11:44 PM
    davidmcbeth3
    Re: Should I Go Against That Ticket What My Chances Are to Win
    Very few posters here are lawyers .... FYI

    From the facts that YOU presented, it looks like you are not guilty.

    But the charge is a serious charge, enough where I would recommend deposing the cop prior to trial. You likely would need a lawyer to get this accomplished.
  • 11-04-2012, 06:30 AM
    priyagajjar
    Re: Should I Go Against That Ticket What My Chances Are to Win
    statute no is 39: 4-96

    Yes it was on route 1 & 9 which connects to 440.

    Exactly that's what i thought. A reckless driving would be more appropriate if she had to give a ticket which I really don't think was an offense in state of emergency conditions.
  • 11-04-2012, 07:34 AM
    llworking
    Re: What Are the Chances of Beating a Reckless Driving Ticket
    Quote:

    Quoting priyagajjar
    View Post
    My question involves a traffic ticket from the state of: New Jersey

    Hi, I am from jersey city, new Jersey and I am Nurse. It was two days after hurricane sandy and there was a chaos everywhere, roads were closed, no power and still I had to go to work.

    So, it was 5:30 in evening and I was returning home. All small roads were closed by police, barricades everywhere to keep traffic moving only on main roads. I couldn't find any open roads that I know to take turn and go home. After driving a mile away from my actual turning point I decided to ask a cop to show me any open road to way back home. It was a slow moving traffic and I see a cop's car behind a barricade. I took my car to side of that barricade so that traffic keeps moving and stopped in front of barricade to ask cop way back home. Before even I speak anything that fat shit lady cop came out from car shouting out loud "I am gonna give you reckless driving ticket." I was literally shocked by such behavior. At such time in state of emergency I was expecting cop to be helpful not to be so rude. Now she gave me a ticket with court appearance for reckless driving which I do not consider as my fault. I think that lady cop may be exhausted and frustrated because of long working hours and ranted all her anger on me. I want to plead not guilty in court and go against that ticket. Just want any lawyer's opinion here.

    You certainly can, and probably should fight the ticket.
  • 11-04-2012, 07:44 AM
    priyagajjar
    Re: What Are the Chances of Beating a Reckless Driving Ticket
    Well, I know i should but I am asking here lawyer's point of view.
  • 11-04-2012, 07:50 AM
    llworking
    Re: What Are the Chances of Beating a Reckless Driving Ticket
    Quote:

    Quoting priyagajjar
    View Post
    Well, I know i should but I am asking here lawyer's point of view.

    I am not an attorney and I am not familiar with whether or not any attorneys post here. However, the logic here is that you were trying to get some help from a police person to figure out how to get home, and you got a reckless driving ticket for stopping to ask. If you fight the ticket the best case scenario is that the ticket will get dismissed. The worst case scenario is that it won't. It certainly does not hurt to try in a circumstance like this one.
  • 11-04-2012, 10:23 AM
    davidmcbeth3
    Re: What Are the Chances of Beating a Reckless Driving Ticket
    Quote:

    Quoting priyagajjar
    View Post
    Well, I know i should but I am asking here lawyer's point of view.

    Well, you would want a lawyer in your state and most lawyers will not post on a forum due to ethical concerns...so if you want a lawyer please go visit a law firm's office. I would never advise someone not to if they desire to.
  • 11-04-2012, 12:06 PM
    That Guy
    Re: Should I Go Against That Ticket What My Chances Are to Win
    Quote:

    Quoting Who'sThatGuy
    View Post
    What is the statute number on the ticket?

    Was this in Jersey City on route 440?

    If so, the barricades were in place so you couldn't cut across the grass median and get hit by oncoming traffic.

    From what you wrote, a careless driving ticket would be more proper then a reckless, but I didn't see what the police officer seen.

    Quote:

    Quoting priyagajjar
    View Post
    statute no is 39: 4-96

    Yes it was on route 1 & 9 which connects to 440.

    Exactly that's what i thought. A reckless driving would be more appropriate if she had to give a ticket which I really don't think was an offense in state of emergency conditions.


    There is only but a slight difference between "careless" driving and "reckless" driving...

    39:4-97. Careless driving

    39:4-97.

    A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

    Amended 1951,c.23,s.54; 1955,c.220,s.2; 1995,c.70,s.3.



    39:4-96. Reckless driving; punishment

    39:4-96.

    A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.

    On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.

    Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.


    Careless driving is usually unintentional... Someone spaced out, drove too fast, hydroplaned and ended up flipping his/her car and landed in a ditch. That would probably earn him/her a careless driving citation (especially if his speed is difficult to accurately gauge! Reckless driving involved and intentional act in willful and wanton disregard for safety one's own safety or others safety.

    In this case, and while it may be true that the officer may have over-reacted a bit, and depending upon road, weather and traffic conditions, an articulate officer can at least make an attempt at establishing that you endangered your by parking on the side of a highway and getting outside of your car under said conditions (which, even in your own words, you described as "there was a chaos everywhere"...

    So rather than seeking a lawyer's opinion online hoping one would simply agree with you (and I am not aware of any NJ attorneys who post here), you might want to consider consulting with one in person!

    Additionally, and not to cause you any added concern although you should be aware.... If this officer really had it out for you, or if you got too loud mouthed and belligerent (not saying that you did or that you would, ... just saying), she may be able to amend the citation or issue a new one of it is determined that this first one doesn't stick.
  • 11-04-2012, 04:47 PM
    priyagajjar
    Re: Should I Go Against That Ticket What My Chances Are to Win
    Thank you for your response.
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