Car accident resulting in careless driving ticket?
Yes. If there's a "consequence of magnitude" (jail time, or fines adding up to $750 or more) and your income is low enough, you can ask to be represented by a public defender. There may be a one-time charge, no more than $200. Be aware that, in addition to fines, there are a lot of other fees and surcharges if you plead or are found guilty. Find the total cost of that, and of being a "repeat offender" next time. A valid license from another state within several months after moving is not a problem. "Technically illegal" is illegal. Defenses sometimes are available, though. Having just moved to NJ from Michigan, Mexico, or another jurisdiction where reckless driving is common is not one of them. New Jersey is very densely populated, and the risk of traffic accidents is a serious life-and-death matter.
Careless Driving car accident?
You can 'feel' it was someone else's fault, but that doesn't matter. The basic rule is this: If an accident happens while you're turning left, it's your fault. If lightning hits your vehicle while you're turning left, if a piano falls out of the sky and crushes your car while you're turning left, it's your fault. Because you were turning left, and turning left means you have no right of way whatsoever. Okay maybe those last two are an exaggeration, but only slightly. The through-traffic had right of way and you didn't, so the accident was your fault. It's not a matter of who was going too fast or who should have seen who, it's all a matter of who had right of way. And you didn't. You do want to defend that careless driving charge, though. Unless you know all the traffic laws and their little technicalities (and no offence but you don't), you want to hire a traffic defender to do it for you. You won't get off completely, but a traffic defender is your best chance at having the careless (which is a big ticket that really hits your insurance premiums) charge reduced to something like unsafe turn or failure to yield. You'll still have a conviction on your record, but it'll be a minor one with a smaller penalty and less impact on your insurance costs. Don't bother disputing who was at fault for the accident, because you'll be wasting your time. It was you, a hundred percent. Not only is that the legal precedent in any jurisdiction, there's another catch. Your insurance company is allowed to accept liability (fault) for an accident on your behalf, it says so right in the contract, and they will. You can't agree to that condition (which you did when you bought the policy) and then un-agree to it later when you don't like their decision. Don't feel bad. Nobody ever thinks the accident was 100% their fault, ever. My first accident happened because I pulled out from a stop sign into the path of an oncoming vehicle, I know the rules of the road and the fault determination procedures very well, and I'll still give you a dozen reasons why that accident was not entirely my fault.
Accident and careless driving ticket in NJ - worth hiring a lawyer?
I was involved in an accident in which I was merging onto a 3 lane highway from a lefthand on-ramp. I had to get over quickly for my exit (NJ infrastructure is ridiculous) and when both I and my husband checked for cars, it was clear. My husband checked again, turning all the way around, and said it was clear. As we were getting over, a car must have come flying up in the fast lane and hit me right in my blind spot on the passenger side. We spun around and ended up on the right hand shoulder. The other driver spoke broken English and came over and started yelling at us so we kind of stayed away from him. No one was seriously hurt in either car. When the cops came, they took our stories and he told me he wasn’t going to give me a ticket. The next day, I got two tickets in the mail – careless driving and improper/unsafe lane change (since I had to start getting over when the line was still solid white because my exit was close, which yes, I know, is technically illegal). I know each of these are 2 point offenses. I have a scheduled court date at the end of the month. The insurance company has already assessed the damage and repairs will be underway shortly (it’s not totaled) and they told us that based on the look/location of it, it doesn’t seem like it was 100% our fault. I have called around to a couple lawyers to see what my options are and asked a friend who works as a lawyer for an insurance company as well, but I’m not sure what my best option is. I do plan to go to court – because what’s the worst that could happen? But I’m not sure if it’s worth it to hire a lawyer. It would be anywhere from $350-$500 for them to represent me and I feel like I could probably get the same results they could. Every lawyer I spoke to also mentioned the importance of a civil something-or-other (can’t remember now) that would prevent or at least impede the other drive from suing us later on - can I do this myself? I know if the charges are reduced to a fewer- or no-point offense that I will probably have to pay more in fines. Having a clean record, what should I do? ANY advice would be helpful. (P.S. I just moved here from MI and still have a MI license but am planning on switching to NJ in the next couple weeks – is that another issue?)
Yes, of course it can. Driving without due care usually means that the driver has been distracted. Perhaps they were changing radio channels, perhaps, criminally worse, they were using a mobile phone or perhaps they were involved in a heated argument with a passenger. Or perhaps their mind was quite simply miles away from the task in hand: driving the car!Holding a driving licence is an enormous responsibility. It deserves to be taken very seriously indeed.How often, after someone has been involved in an accident have you heard the hearty declaration; ‘I never had a chance!’ Occasionally this may be true. Very occasionally.
Court For Careless Driving.?
As far as the court is concerned: It doesn't matter that you were on the way to college. It doesn't matter that you're 19 and had a license for two years. It doesn't matter that you are a pretty safe driver. It doesn't matter that it was raining. It doesn't matter that the car in front slammed on their brakes. The only thing that matters is you failed to stop and hit the car in front of you. Therefore you were not a safe distance behind. I'm not being critical or saying you did anything wrong. I'm just explaining the law. Sometimes it is simply impossible to stop under any conditions. There is no specific number that defines a safe distance other than you were able to stop. Sometimes when it rains oil floats to the surface of a road. I have seen cars going 5 mph with good tires and brakes slide hundreds of feet on a wet road because of oil. If they were going downhill I've seen cars accelerate with the brakes locked. They might as well have been on glare ice. In the end as far as the judge is concerned you will be found guilty of careless driving. Your best option to to speak to the prosecutor before your case is called and offer to plead guilty to a non-moving violation. They will probably up the fine but you will have a clean record.
Careless Driving Ticket?
I got into a car accident the other day down in Alamosa Colorado. Here's what happened.... I was driving down Main street and a woman two cars in front of me stopped to make a left hand turn. There was no turn lane, so she stopped in the middle of traffic. The car directly in front of me made a very abrupt stop. I instinctively slammed on my breaks, and the car didnt stop. It slowed down a very little bit, but didnt even leave skid marks. I ended up rear ending the car infront of me which pushed her into the car infront of her who was turning. No ones car was damaged but my own, and no one got hurt. The officer gave me a careless driving ticket even though I was only going 10mph, and someone was wrongfully blocking traffic. Would the Anti-Lock Breaks have anything to do with the reason that the car didnt stop? Should I take this all to court and see what happens or should I just pay the fine? If I pay the fine and eat the points, I loose my license. HELP!!!!!!!
Careless driving ticket?
You have to be in control of your car at all times. Even if you were only going 10 mph, you were still unable to control the car, and so were driving carelessly. I know it sounds silly, but look at it this way: what if the other lady's bumper had been a small child instead? You MUST maintain control of the car at all times. There is no fight to put up for this ticket. - Stuart ***EDIT*** "...Anybody who drives knows that you can't control a car on ice no matter how slow you are going..." That suggests that a prudent driver would know enough to not be driving at all when the conditions are so dangerous that it's impossible to control the car. I stand by my answer. ***SECOND EDIT*** You wrote: "...Well sorry Stuart but I have to work. Do you think I should walk in 30 below to get to work? I can't call in, I have bills to pay but i guess you have never heard of such a thing. I guess I just wont feed my son because It snows outside..." You appear to be angry with me because I sugest that you MUST control your vehicle. If the weather is too dangerous to drive, don't drive. If you cannot control your car, don't drive. If you think feeding your kids will hinge on you taking life threatening chances to get to work, your priorities are screwed up. And if you think I'm going to back down frm my answer because you're trying to be sarcastic, you're way mistaken. You screwed up, and you're not mature enough to admit it. I don't care...fight the ticket. You'll end up looking like a moron in court, and will lose. You want to be Johnny Dangerous and go out and run over kids? Fine. Just don't do it on my watch. - Stuart
If I'm driving a car and kill someone in an accident, do I serve prison time?A distinction is made between 1. driving carelessly, and 2. driving dangerously or illegally.Here's the difference: Consider the two scenarios:-Supposing that you were driving perfectly legally and obeying all traffic regulations, but caused a fatal accident simply because you failed to see, or misjudged the position of a vehicle or pedestrian. This would be classed as careless driving and would not carry a prison sentence.Supposing that you deliberately ignored a traffic regulation, as a result of which you caused a fatality. This would carry a more serious charge such as causing death by dangerous driving, driving while disqualified or driving under the influence of alcohol etc.. These could carry a prison sentence.
Should I fight a Careless Driving Charge?
As far as the court is concerned: It doesn't matter that you were on the way to college. It doesn't matter that you're 19 and had a license for two years. It doesn't matter that you are a pretty safe driver. It doesn't matter that it was raining. It doesn't matter that the car in front slammed on their brakes. The only thing that matters is you failed to stop and hit the car in front of you. Therefore you were not a safe distance behind. I'm not being critical or saying you did anything wrong. I'm just explaining the law. Sometimes it is simply impossible to stop under any conditions. There is no specific number that defines a safe distance other than you were able to stop. Sometimes when it rains oil floats to the surface of a road. I have seen cars going 5 mph with good tires and brakes slide hundreds of feet on a wet road because of oil. If they were going downhill I've seen cars accelerate with the brakes locked. They might as well have been on glare ice. In the end as far as the judge is concerned you will be found guilty of careless driving. Your best option to to speak to the prosecutor before your case is called and offer to plead guilty to a non-moving violation. They will probably up the fine but you will have a clean record.
Car accident?
If you broke her tail lights...it will be very easy to tell if she had on her turning signal....the filiment in the bulb is WHITE hot when blinking, if you stroke it and broke it while the filiment was hot then the filiment will be twisted and look like a curly fry from Arbys and will be heavily oxidated....if you broke the light while it was turned off, it may or may not have broke, but will have ZERO oxidation and will not be curled up.... this is pretty basic Traffic Accident Investigation that any cop "should" know....ask for the police report, take pictures, ask the police to re-investigate if they did it improperly... on the other side..if you are lying about your speed, they know that too from basic traffic accident invetigation school, so don't lie...you'll look like an idiot in front of the judge...