My questions involves court procedures for the state of: NJ Careless Driving
1. Background: discovery on expert background was not given in advance as filed for and defense filed a motion to dismiss any reliance upon information not provided in discovery.
Is defendant required to object to every piece of information testified to during trial as an expert? or is the judge supposed to be intelligent enough to not rely upon such testimony in his assessment of the case?
I am under the impression that the judge knows what he can rely upon irregardless if defense did not constantly object.
This is pertinent as in my trial the judge ruled that he relied upon expert testimony based on background of officers when such background was specifically objected to on at least 2 occassions and agreed to by judge although the defense did not continue to keep objecting as the court was so rude to defense.
Please tell me the judge screwed up as he can't rely on them as an expert if it was not proven that they were experts.....
2.The judge also in his ruling stated a number of things as fact that a witness clearly did not say and in fact stated something completely different. Example judge stated that witness vehicle was to the side of defenses when the witness clearly stated he never even entered intersection and in fact he said he parked his car on the side of the road exactly where he was when he viewed the accident.
3. Judge also said that guilt was as i cut off another driver. The term cut off was not defined nor was the distance of the turn from other driver ever defined. Other driver in fact stated that they had seen me in the intersection prior to them even entering with my turn signal on (note very wide intersection so sheer fact that I made it all the way accross and was turning prior to them entering was huge). There was no testimony that cutting off someone was careless and likely to cause an accident which is a requirement of careless driving.
I have more than above to file an appeal but, the above are my questionable ones.
Last question:
4. If I win on appeal or I get a retrial, who bears the cost of the appeal? Note the appeal is based on many facts including the fact that Discovery was never delivered and the court did not adjourn the trial although a motion for such was delivered including motions to discmiss such evidence, adjourn, or dismiss for failure to provide such discovery. That plus above and a number of other facts.
Note: I would have given this up but I am so torn about this and can't sleep. I had a perfect driving record and I know this is stupid but I really can't sleep and it's tearing me up. Admittedly I am type A and I always go by the book and follow the ruled. I didn't make a careless turn and in fact the other driver was speeding, didn't look and note I had to slow in my turn as there were men on the side of the road who there were no signs for but when I saw them I almost was stopped mid turn and the other driver came speeding and slammed me past the mid point of my vehicle. I know I was right and the judge clearly had everything stacked against me irregardless as to what was proven/said. I proved that I was in intersection first, the skid marks were not there and others were that support my version, I had their witness agree that the accident happened on the other side of the road, I had the other driver admit that I was in the intersection before they even entered, I had the other driver admit that they were driving the posted speed limit when there was men working and they saw me in the intersection and didn't slow down nor take any action. There was nothing to state that I did anything other than make a left turn which they said was careless but they never stated that it was more likely to cause an accident which had to be proven as the mere fact of an accident is not prima facie evidence. The sheer fact of making a left is not careless driving nor is it more likely than not to cause an accident and that was also stated.
There was so many holes in testimonies that there is no way a person who was impartial could have said beyond a reasonable doubt.
Please help me put this to bed. It's been 10 days of no sleep and I have 10 days to file my appeal. I have even gotten relaxation tapes to no avail. It's not about money but clearing my name.

