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I would wait 4 hours to save hundreds of dollars. I fought several tickets in the past and waiting 1-2hrs for both. No big deal. Got both reduced to non-moving violations.
As the statute details, the U Turn sign is not required in some cases to result in a violation. As I have no idea of the area in question, I won't comment on a possible reason to that charge.
I tend to agree with your view the Reckless Operation. There would have to be another event to have that charge added as the u turn violation in itself would be sufficient. The only reason a Reckless would be added would be if the original violation was done in a manner so negligent that it was somewhat intentional. However I have no knowledge of the facts in the case so I'll leave it with just the statutes posted.
One important note. Their is a date on the bottom of the summons. That is NOT your court date but the date by which a plea must be entered. Failure to do so will result in late penalties and eventually the summons will enter warrant status with a license suspension. So don't wait. The plea in most case can be entered over the phone but each court has its own way of doing things so check with the Violation in the jurisdiction. The court will verify your current address and notify you of the court date. Most likely it will be some time before the date.
I always told those who asked advice on what they should do with summons issued to them. You have nothing to lose by going to court and telling your side of the event. You are not expected to be a lawyer and the Judges sitting understand that and will give you lattitude...to a point. If you are going to plead NG, come in with facts backing that up. Some Judges will not take kindly to those wasting their time. If all you have is "I don't think I'm guilty", you won't have much luck.
Another factor to consider before you rush into a plea. The two summons in question will result in more than four points. The total will be eight points. In many cases the Prosecutor may be willing to entertain a plea to Careless 39:4-97. In any case, he/she can only agree to a change and present it to a Judge who can accept it or not. Ours half the time would not accept the deals made.
And one last note....a conviction of Reckless, 39:4-96 makes you ineligible to possess a NJ personalized license plate.
update: went to court and was told to first talk to the prosecutor, which I did. We discussed the ticket and how I felt. She offered to drop the tickets in exchange for a fine-only ticket, which is what I figured was going to happen. My other choice was to plead innocence and see what happens. Interestingly enough, in NJ the arresting officer doesn't even have to show up to court. So, I accepted that and had to pay the fine. All done. Thanks for everyone's help.
the u-turn in an intersection is probably what caused the reckless charge. While easier to execute in an interestion, you are a potential hazard to traffic from 4 directions simultaneously.
update: went to court and was told to first talk to the prosecutor, which I did. We discussed the ticket and how I felt. She offered to drop the tickets in exchange for a fine-only ticket, which is what I figured was going to happen. My other choice was to plead innocence and see what happens. Interestingly enough, in NJ the arresting officer doesn't even have to show up to court. So, I accepted that and had to pay the fine. All done. Thanks for everyone's help.
See, the little secret that most people don't know is that anyone can issue a summons for a traffic offense in New Jersey. If you have a reasonable amount of proof (photo of plate and/or person driving), you can go to the local police department and issue a summons to the other driver. Effectively, when a police officer issues a summons, this is what he is doing - the only difference is that the driver is obligated to stop for a police officer when signaled. He/she does not have to stop for Joe Citizen who wants to write out a ticket.
But it is possible - and far more common than most people think - to have non-LEO citizens issuing summonses to other drivers. It's no joke, either. A summons issued by a civilian carries the same penalties as one issued by a sworn officer.
See, the little secret that most people don't know is that anyone can issue a summons for a traffic offense in New Jersey.
Yes, that is true. What you also have to understand is that you have to prosecute the case as the complainant. You also will be subject to all the requirements of discovery under the court rules. There is much more to it beyond simply signing your name.
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Interestingly enough, in NJ the arresting officer doesn't even have to show up to court.
No need as this is simply the "arraignment". If you didn't come to an agreement, they would have set a date at which time the complainant would appear.
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