car got hit - need to go to court? (Deal: how much, lawyer) - New Jersey (NJ) - City-Data Forum

NJquestion99 · 01-08-2018, 12:22 PM

My child's car got hit when she pulled out from street parking, luckily no one got hurt. The side passenger door of our car was damaged. From the photo she showed me, the bumper of other car (a larger SUV) had a small scratch. She called me and when I arrived, the cop and the other car had already left, what surprised me was that she was given a notice that requires her to show up in court. I do not know what to expect in court.

I was involved in traffic accidents where my car got hit or I hit another car, but there was never a case where I have to show up in court even cops were called. Is this situation normal? or what should we expect in court? Will the other driver need to show up? I assume the cop will show up.

From what I understand, she put the signal to pull out, the other car slowed down to let her out, but when she pulled out, the other car accelerated and hit her car. I believed the other driver and the cop said that the other driver had the right of right. I googled and could only find description for parking lot accidents, it seems that the other driver has the right of way. I assume it applies to street parking, right? Therefore, why did the cop ask her to go to court?

foodyum · 01-08-2018, 01:33 PM

There should be a code on the ticket that explains what the infraction(s) are. You can also look the ticket up online.

captne76 · 01-08-2018, 03:28 PM

Lookup the violation number something like 39:4-blabedy blah, and that will tell you whats up.
Sometimes you don't have to go, sometimes you do but its just routine in some cases. She could plead not guilty and sometimes they will change it to something lighter. She could win, I'm not a lawyer and don't play one on TV.

NJquestion99 · 01-08-2018, 10:55 PM

thank you. The code was for careless driving.
However, there was nothing in the "ticket" that stated how much we have to pay. When I went to njmcdirect, it also said that the ticket is not eligible for payment. Hence I thought it was strange.
Anyone seen received this type of ticket before?

captne76 · 01-08-2018, 11:36 PM

Quite a few websites have explanations on it,,,
One suggests trying to change it to Obstructing Traffic,, which would be like hitting a home run with bases loaded,, nice luck.

I haven't had any tickets in a long while but somewhere I read that some tickets they make everybody come in to court just so a judge can rule on it.

Careless Driving

Careless driving in New Jersey | New Jersey Traffic Tickets

Careless Driving in New Jersey (NJSA 39:4-97)

Its a 2 pointer on your license,,,everyone tries to avoid points to a certain extent.

captne76 · 01-08-2018, 11:41 PM

The usual deal many NJ courts offer most everyone is to change most any ticket to unsafe driving. You can only accept that a certain number of times like twice in 10 years or so and it costs a lot about $485 but they give you no motor vehicle points. if you get it 3 times it backfires on you into 4 points,,,

Many people try to get tickets changed to obstructing traffic, that has no points and is much cheaper about $85, sometimes you luck into that for various reasons. That first weblink above mentions both of these.

captne76 · 01-08-2018, 11:50 PM

They do not specify how much a fine is because its a very common ticket and they have some discretion or range on the fine. Also many NJ courts like to offer the "unsafe" deal as a trade,, etc. Some of thoise links explain the detail and if you google search on " nj careless driving" you will find tons of info.

NJquestion99 · 01-09-2018, 12:53 AM

captne76, thank you, I will look it up.
I am surprised (and concerned) that she is required to show up in court.

captne76 · 01-09-2018, 05:23 AM

New Jersey traffic court is very often like Let's Make a Deal. In some big crowded towns they actually process about 200 to 300 cases in one night. Hopefully your town is smaller. You usually plead not guilty at the start, then 1 by 1 or sometimes 2 by 2 you go into a smaller room off the side and you sit down with the prosecutor, he or she looks it over and usually offers you the standard unsafe driving deal. If they are in a good mood or you know each other or you're lucky otherwise you can get the obstructing traffic deal. If you don't accept one of those then you might get rescheduled to come back again when the officer and often the other party is called in. I think in your case if the other party doesn't show up if you push for a trial you could also win that way. Also there is a free option called something like civil reservation where the judge can add that meaning if the other driver sues you they could not use the fact that you pleaded to whatever in any lawsuit.
Overall it's like a game show, I remember one prosecutor who greeted everyone with "I can make that no points for you".
Once you make the deal you go back into the court room and one by one the judge goes through each case and makes it official.

exhdo1 · 01-09-2018, 09:36 AM

Quote:

Originally Posted by NJquestion99

thank you. The code was for careless driving.
However, there was nothing in the "ticket" that stated how much we have to pay. When I went to njmcdirect, it also said that the ticket is not eligible for payment. Hence I thought it was strange.
Anyone seen received this type of ticket before?

If your daughter received a summons for careless driving, then either her statement, the other drivers statement, a combination of both and the police officers observation deemed her to be responsible for causing the accident. She needs to contact the court, tell them she's pleading "NOT GUILTY" (if she is) and they will give her a court date.