Traffic violation in mail - 78 ramp (insurance, lawyer, legal)

[jackpan]

Few weeks ago on a very congested day when traffic was moving at snails pace...I took the 78 ramp from GSP. There are 2 lanes that become 1 . I applied the zipper rule, which I am pretty used to , as I get in and out of Holland Tunnel a lot.

On the ramp there were 2 lanes for about half a distance . I came up from the right lane which was moving at snails pace + 1 times faster than the left lane. Eventually when the turn came to merge into 1, this guy in a eclipse who was behind me tried to snitch ahead. But I already was ahead of him . So with natural course I was stacked up in front of him in the 1 lane.

The guy was visibily upset . I looked straight and did not entertain any of his expression. He also went past me at the earliest opportunity he got. I could careless.

Today I received 3 tickets in mail 1. Improper passing on the right , 2. Failure to give proper signal. 3. Careless driving.
So this guy was either a citizen or an off duty officer who could just got pissed and sent me all these baseless tickets.

Question is - Does he have a case ? If so what can I do to defend it.

[Magic78]

Sounds like a scam. I'd totally fight it.

[jackpan]

Thanks !! Should I get a lawyer ?

[johnp292]

Originally Posted by jackpan

Few weeks ago on a very congested day when traffic was moving at snails pace...I took the 78 ramp from GSP. There are 2 lanes that become 1 . I applied the zipper rule, which I am pretty used to , as I get in and out of Holland Tunnel a lot.

On the ramp there were 2 lanes for about half a distance . I came up from the right lane which was moving at snails pace + 1 times faster than the left lane. Eventually when the turn came to merge into 1, this guy in a eclipse who was behind me tried to snitch ahead. But I already was ahead of him . So with natural course I was stacked up in front of him in the 1 lane.

The guy was visibily upset . I looked straight and did not entertain any of his expression. He also went past me at the earliest opportunity he got. I could careless.

Today I received 3 tickets in mail 1. Improper passing on the right , 2. Failure to give proper signal. 3. Careless driving.
So this guy was either a citizen or an off duty officer who could just got pissed and sent me all these baseless tickets.

Question is - Does he have a case ? If so what can I do to defend it.

Who signed the tickets, a police officer or a citizen? If you can't tell call the violations bureau or municipal court that issued them. If they were issued by an actual cop, on or off duty, you might want a lawyer but either way if you were not stopped whoever issued the tickets is going to have a hard time proving anything. Maybe they got your plate wrong? Can they prove you were the driver? And thats before they can prove you committed any violation!

[rscalzo]

Who signed the tickets

There is a difference between who issues a summons and who files the complaint (complainant). Court rules restrict civilians from issuing a summons but not from being the actual complainant. The municipal court should be able to give you that information.

Maybe they got your plate wrong?

Not likely as the reg. would have to match the vehicle description before issuance. Our policy (not universal) was to obtain a detailed written statement prior to any civilian summons being addressed. If that info did not match the vehicle, it would not be issued. At that point the court clerk or Judge would have to find probable cause. At that point the officer signs it and sends it through the system for processing whuich is not much more than the mailing to the defendant.

As far as the operator, that will have to be determined in open court through witness /complainant verification.

Thanks !! Should I get a lawyer ?

Your getting way ahead of yourself here. Getting a lawyer at this point starts the two or three hundred an hour clock. Best you get the basic facts yourself or you'll be left holding a thousand dollar legal bill.

[jackpan]

Originally Posted by rscalzo

There is a difference between who issues a summons and who files the complaint (complainant). Court rules restrict civilians from issuing a summons but not from being the actual complainant. The municipal court should be able to give you that information.



Not likely as the reg. would have to match the vehicle description before issuance. Our policy (not universal) was to obtain a detailed written statement prior to any civilian summons being addressed. If that info did not match the vehicle, it would not be issued. At that point the court clerk or Judge would have to find probable cause. At that point the officer signs it and sends it through the system for processing whuich is not much more than the mailing to the defendant.

As far as the operator, that will have to be determined in open court through witness /complainant verification.

Your getting way ahead of yourself here. Getting a lawyer at this point starts the two or three hundred an hour clock. Best you get the basic facts yourself or you'll be left holding a thousand dollar legal bill.

Thank you for your response. I am not sure who is the one who complained..I will find that out.
So what if it was me or someone else the operator. The basics of zipper merge is one that's understood and although not stated anywhere , its more of a courtesy thing. How does that account for any violation?

Regarding getting a lawyer...All the charges amount to a 8 point ticket. I want to make sure this doesn't dink me bad..Think about the offense..some one just was pissed off as I got ahead of me ?

A question for you - what happens if the person making the complaint - off duty or general citizen fails to show up?

[jackpan]

John - going to get a lawyer this deals me out for 8 points. Just cos some one had a bad day .

[Ex-LI]

You can get a moving violation in the mail? I thought that unless you were stopped and written up by a police officer that it was like a parking ticket. At least that's the way it works in NC.

[johnp292]

Originally Posted by rscalzo

There is a difference between who issues a summons and who files the complaint (complainant). Court rules restrict civilians from issuing a summons but not from being the actual complainant. The municipal court should be able to give you that information.



Not likely as the reg. would have to match the vehicle description before issuance. Our policy (not universal) was to obtain a detailed written statement prior to any civilian summons being addressed. If that info did not match the vehicle, it would not be issued. At that point the court clerk or Judge would have to find probable cause. At that point the officer signs it and sends it through the system for processing whuich is not much more than the mailing to the defendant.

As far as the operator, that will have to be determined in open court through witness /complainant verification.



Your getting way ahead of yourself here. Getting a lawyer at this point starts the two or three hundred an hour clock. Best you get the basic facts yourself or you'll be left holding a thousand dollar legal bill.

You're missing my point about the plate. How is the complainant going to prove beyond a reasonable doubt that the plate number he reported was the one that really committed the alleged violation? A police officer can normally testify to that since he stopped the vehicle and issued the summons on the spot. Not so in this case. Then the complainant would have to prove that the OP was the driver of the car. It's not up to the OP to prove he wasn't the driver of the car, its the other way around.

The problem the OP could run into is if the complainant is a police officer in the town where the ticket got issued. In that case, its going to be his word against the cop's in a municipal court where the judge knows the cop and is likely to give the cop's testimony more weight. In that instance, a lawyer is probably a good idea. In NJ, these tickets are expensive and the resultant possible rise in the OP's insurance rates might justify the albeit aggravating attorney's fees.

[johnp292]

Originally Posted by jackpan

John - going to get a lawyer this deals me out for 8 points. Just cos some one had a bad day .

I hear you, Jack. I would fight this myself, unless the guy turns out to actually be a cop in the town that issued the ticket. You could still fight it yourself, my worry is that in that case the judge will be familiar with the cop and not you.

And frankly, if this guy does turn out to be a cop (and the reason I'm thinking he is is that not many people in NJ know that a citizen can get a traffic citation issued like this), and you win in court, I'd file a complaint with the cop's department, or at least write a letter to the Chief of Police, afterward. If he's that much of a hothead to go through all this trouble over such a minor incident its cause for concern.