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  1. #1
    Join Date
    Oct 2010
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    Jersey City
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    5

    Default Leaving the Scene of an Accident, Issued to the Wrong Person

    My question involves a traffic accident in the State of: New Jersey

    A few weeks ago I was backing out of my driveway around 8:30 PM (dark, narrow street, limited street lights) and hit the back of a woman's bug knocking out her tail light. Only her car was hit going about 5 miles per hour, no other damage or personal injury occurred. She was double parked with her lights off, and her car was also a dark blue. From my rear view window it blended perfectly with the cars correctly parked on the other side of the street.

    I got out to apologize, check out the damage etc. I'm in the process of switching drivers licenses after losing mine and changing it to a NJ one, so I didn't have it on me. She was very rude and condescending, demanding to know my age, acting like she was a cop, ("I'm going to need to see your license and registration") and obviously defensive about the way she was parked leading to my hitting her. Still I gave her all the information I could, we were directly outside of my home which I pointed out to her, gave her my address, phone, name, etc. I was in a hurry to get to the store before it closed so finally I said, "listen, I'm very sorry, the damage looks minor, I'm sure our insurance companies will work something out to get this repaired. Okay?" To which she replied, "Mmm hmm," and I drove away.

    Looking back I should have stuck around longer, however I was under the impression that our business was done. But after I left she called the cops and filed a report which read that I had "hit her and then fled the scene." Here's where it gets tricky, a ticket was then mailed to my home for "leaving the scene of an accident," BUT was issued to my mother who owns the car. Our first and last names are different, so it's no clerical error, though she and I do live together. The woman I hit called our house ("to make sure it was a real number") and spoke to my mom who offered again to work something out privately, but that's when she told her that she'd already called the cops.

    Obviously a private agreement was made, this woman did not tell me she was going to call the police, or ask me to stay when I moved to leave. We also clearly had a private conversation because she had called my home using the number I gave. The way I see it she called the cops after the fact, then lied to say that we'd had no conversation at all, I'd simply "fled." Our plan is to have my mom go to court since she absolutely isn't guilty of anything, and the ticket is issued to her. From what I've read if the judge does say my mom's not guilty that then it's up to the cop if he wants to re-issue another ticket to me, am I correct? How likely is that? What else should we do or say, what should we expect, and what general advice do you have? We are so stressed, annoyed, and obviously angry about this situation. I'm hoping that the case will be dismissed since it's so convoluted, but if a new ticket is issued to me I'm thinking I will need a lawyer.

    Thanks so much for any help you can provide!

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Leaving the Scene of an Accident, Issued to the Wrong Person

    The way I see it she called the cops after the fact, then lied to say that we'd had no conversation at all, I'd simply "fled.
    and why should your story be any more believable than her story? If it is as you say, she gains nothing by calling the police and telling them you fled the scene.



    Here's where it gets tricky, a ticket was then mailed to my home for "leaving the scene of an accident," BUT was issued to my mother who owns the car. Our first and last names are different, so it's no clerical error, though she and I do live together.
    why would that be tricky? If the woman reported the plate from the car and could not identify the driver, it makes sense they would send it to the owner.

    So, what do you have to prove your story?

  3. #3
    Join Date
    Oct 2010
    Location
    Jersey City
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    5

    Default Re: Leaving the Scene of an Accident, Issued to the Wrong Person

    She didn't like me. That was clear. Why not tell me she was going to call the cops? Why not give me the chance to stay? Why would I "flee" right outside of my own home for little more than a fender bender? She waited until I left, and then called them. I think people do a lot of things just to be assholes. Maybe she wanted to "teach me a lesson" for not having my license on me. She was very condescending about that, demanding to know if I was a teenager (I'm 23) and what I was doing leaving my own home in my own car. When I was defensive, pointing out that her car was parked double parked illegally with no lights on behind a driveway she became an even bigger condescending jerk. People are spiteful.

    And I just meant it's a tricky situation since it's not a straight forward ticket to me, it's to someone who wasn't even near the scene. I gave her my full name, yet the ticket still was issued to my mom and not me. I've read that a lot of the time tickets issued to the wrong person are often dismissed, but I don't want to hope for that and not be prepared.

    She took several pictures of my license plate while my car was parked in my drive way (as in, when I stopped it to get out and talk to her.) I'm guessing she showed the pictures to the cops, but I suppose she could have taken the time to write it down separately so that it looked like she had no contact with me. Even I think that seems a little extreme. I'm not saying her lying makes sense, yet we got the report and it has no mention of the 20 minute interaction we had. She also called my house using the number I gave. If asked I could describe what she looks like in detail, what her car looks like, exactly what the damage was, and even what I saw inside once she got out and turned her dome light on. (A flower on the dashboard)

    Maybe it's the internet, but your tone seems to imply that you yourself don't believe my story. If that's the case, I don't appreciate it. When seeking legal advice anonymously why would I lie about what really happened? Your reply wasn't really helpful at all, I'm here looking for solid legal advice, not judgment.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Leaving the Scene of an Accident, Issued to the Wrong Person

    Your reply wasn't really helpful at all,
    have it your way. If you cannot understand that the question I posed was to elicit a response that would become your sole defense in this, go ahead and do whatever you need to do. I have other things I can do as well.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: Leaving the Scene of an Accident, Issued to the Wrong Person

    Quote Quoting ClaidiWinter
    View Post
    From what I've read if the judge does say my mom's not guilty that then it's up to the cop if he wants to re-issue another ticket to me, am I correct?
    You are correct...

    And yes, your Mom can plead not guilty if she wasn't driving however, you should keep in mind that (if asked (and it is highly likely she WILL be)) she is required to disclose who was driving otherwise, she is subject to the penalties outlined in
    39:4-129. Action in case of accident.
    (e).....
    Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.


    Quote Quoting ClaidiWinter
    View Post
    How likely is that?
    Very likely!

    Even if they don't reissue the citation, your Mom (or her insurance -assuming she's insured-) would still be liable for damages to the bug-lady's vehicle (since it was likely your fault for hitting her vehicle).

    Quote Quoting ClaidiWinter
    View Post
    I'm hoping that the case will be dismissed since it's so convoluted, but if a new ticket is issued to me I'm thinking I will need a lawyer.
    I'm thinking you should be talking to one NOW!

    Here's what you're looking at if you are found guilty:

    39:4-129. Action in case of accident.
    .....
    (b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

    Quote Quoting ClaidiWinter
    View Post
    ... and hit the back of a woman's bug knocking...
    Quote Quoting ClaidiWinter
    View Post
    (A flower on the dashboard)
    Just an FYI, almost every "bug" I've seen (most recent models -not the old ones-) especially the ones driven by a female, have a flower on the dashboard... (Actually, from what I remember, a "bud vase" is a standard feature on beetles (bugs) manufactured 1998 and after).

    A question for you (just keep in mind that I'm not judging, I'm only curious)... You stated that you gave her most if not all of your information... Did you get any of hers? Or do you simply know her as "the lady with the bug"?

  6. #6
    Join Date
    Jan 2010
    Location
    Oregon
    Posts
    123

    Default Re: Leaving the Scene of an Accident, Issued to the Wrong Person

    what statute is on the ticket? does that involve possible jail time? if so she should get a Public Defender. DO NOT make a statement to the police or state, it can never help you to give them more info, if they cant make it help them get this charge to stick they will use it to find another charge to bring against you.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Leaving the Scene of an Accident, Issued to the Wrong Person

    Just so that you know... a person hitting a stationary object is overwhelmingly found at fault. If you can't see well enough to see a car in the street, you shouldn't be driving at night.

    You DID leave the scene. Me, I would have waited for the police. But then you would have had the "no license" ticket, right?

    You tried to game the system and lost.

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