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Old 05-07-2013, 12:22 PM
 
284 posts, read 594,679 times
Reputation: 77

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I am not sure whether my SIL needs a traffic attorney or a criminal attorney. Can someone recommend one in central NJ?

Here is the background...

SIL got a visit from her town's police, she was asked to call the police in the town she works. She went to the police station and was told that a week earlier she ran over a dog, she was told there were two witnesses and was given three tickets and she is required to show up in court. The three tickets are careless driving, not stopping in the scene and failure to file a report...According to SIL, she didn't know (and still does not know) that she hit a dog, but as the police said there were two witnesses, hence she didn't argue with the police, took the tickets and went home...

She received some letters from attorneys in the mail, I knew about attorney who goes to court for speeding tickets which I think is useless as, in the case of speeding tickets, you can always discuss with the prosecutor for a non-moving violation.... But what about running over a dog? what can happen? Can the owner eventually sue her? The owner hasn't contacted her yet, seriously, is it possible that someone would just pick a random car and making a false accusation that the driver runs over the dog?

What could happen if SIL goes into court without an attorney? What can an attorney do? How expensive can it be?
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Old 05-07-2013, 12:56 PM
 
Location: New Jersey
10,795 posts, read 15,367,842 times
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Hate to say it but something just doesn't feel right about this.

But in all fairness might help to know where in central jersey you're located?
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Old 05-07-2013, 02:40 PM
 
Location: Edison, NJ
89 posts, read 431,903 times
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Go with local attorney in a small firm that practices in that municipality. Preferably one with previous experience as a former prosecutor. If needed, you can get a referral from your county's local Bar Association.
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Old 05-07-2013, 02:49 PM
 
Location: Epping,NH
2,105 posts, read 6,413,282 times
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They are all motor vehicle offenses. Most towns have a town ordinance that requires stopping and making a notification when striking an animal. It hard not to realize you stuck something unless other things diverted the driver's attention. Even a small animal makes a significant sound when hit.

The details of the Careless Driving are separate from the striking of the animal as in some cases avoiding the contact can be impossible in some cases.

Quote:
But what about running over a dog? what can happen? Can the owner eventually sue her?
Doubtful as short of a significant negligent on the part of the mv operator, dogs are usually barred from running free. I'd guess it was possibly a stray.
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Old 05-07-2013, 03:16 PM
 
3,016 posts, read 5,486,925 times
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It would be hard to not know you hit a dog. When driving every little pothole is jarring, hitting a dog seems difficult to not be aware of, unless there were extenuating circumstances, i.e. intoxication, etc.

There are people that make false accusations & sue in the hope that the insurance company will pay them something to just go away.

A lawyer can check a database to see if this person has a history of bringing lawsuits.

Over a decade ago my Mom was sued by someone who claimed his teenage son scratched his hand on the fence. Turns out the guy was a "serial suer." The insurance company knew of this guy's history & refused to pay. He tried to take it to court & it got thrown out by the judge.
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Old 05-07-2013, 03:53 PM
 
Location: Los Angeles, CA
2,099 posts, read 3,355,214 times
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Nah criminal attorney not needed. Definitely get an attorney who is in the county and knows the local law.
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Old 05-07-2013, 05:08 PM
 
Location: NJ & NV
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Everybody gets a half dozen or more mailings in the mail from various lawyers when they get a ticket. That is usual.
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Old 05-07-2013, 07:06 PM
 
10,127 posts, read 18,096,805 times
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Unless it's a teacup poodle or you're blasted out of your mind, you're going to know if you hit a dog. It sure smells like some sort of scam -- get a conviction in traffic court, then sue for some inflated value of the dog plus pain and suffering and emotional distress and whatever other BS they can come up with.
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Old 05-07-2013, 07:33 PM
 
3,016 posts, read 5,486,925 times
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Quote:
Originally Posted by nybbler View Post
Unless it's a teacup poodle or you're blasted out of your mind, you're going to know if you hit a dog. It sure smells like some sort of scam -- get a conviction in traffic court, then sue for some inflated value of the dog plus pain and suffering and emotional distress and whatever other BS they can come up with.
Agree completely.
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Old 05-07-2013, 09:42 PM
 
Location: NJ & NV
5,734 posts, read 15,686,367 times
Reputation: 2403
There is some sort of motion you can have the judge say that precludes anyone from using your traffic case against any lawsuits. I think its called sealing the case but I surely ain't any lawyer.
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