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  1. #1

    Default Ticketed for Unsafe Lane Change, Failure to Signal

    My question involves a traffic ticket from the state of: New Jersey

    Today I was driving on Rt. 1 in central NJ in the middle lane. In the right lane was another car, followed by a police cruiser. I needed to get to the right lane to make a turn. I took note of the police cruiser and made sure I pulled a safe distance ahead, and changed lanes carefully. The cruiser then pulled me over and issued me a ticket for 39:4-126 (failure to signal) and 39:4-88b (unsafe lane change). I am very certain that I used my turn signal (and that it is functional) and that I changed lanes safely. This took place in a safe corridor so I'm looking at 4 points + $400ish in fines. My driving record is otherwise clean.

    I know I have the option to plead to unsafe operation for a $450ish fine and 0 points if the prosecutor is willing to cut a deal. However I am also very upset at the officer, and would like my day in court to prove my innocence out of principle. The police officer told me that he had a dash cam in his car. If I go to trial, the only way to avoid a losing she-said he-said situation is if I can discover the video and if it clearly shows that I am right.

    My questions are as follows:

    1) Does anyone know how long dash cam footage is preserved?
    2) If I get the footage in discovery and it does not clearly establish my innocence, can I still plea bargain with the prosecutor before trial?

    Thank you

  2. #2
    Join Date
    Sep 2005
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    Default Re: Ticketed for Unsafe Lane Change, Failure to Signal

    You can see if the police agency will inform you how long it maintains its videos. I suggest seeking a copy ASAP.

    I don't see why reviewing the video would prevent you from attempting to plea bargain.

  3. #3
    Join Date
    Sep 2011
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    17,019

    Default Re: Ticketed for Unsafe Lane Change, Failure to Signal

    It is unlikely any dash cam footage exists before he hit his lights. Have you checked to make sure the right rear light flashes and is not burned out?

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