Improper passing/reckless driving tickets in Plainsboro (fit in, insurance)

[chief.wiggum]

Hi,

I got two tickets in Plainsboro today, one for improper passing and one for reckless driving. It would be good to get some advice from members to see how much trouble I am in (I am suspecting a lot). I should have used better judgment and I have all respect for the police and the police department, but I think the punishment is somewhat harsh.

So here is the story: I was going on a rural road with 45 mph speed limit. It was a single lane road, and a woman was going in front on me at low speed (she was just accelerating very slowly away from a traffic light). I decided to pass the woman, there were no cars in the oncoming lane, and there was a small part of the road where the line was not solid yellow, but dotted. So I passed her, probably exceeding the speed limit while passing her, but not by much. I never endangered anybody or cut anybody off during the passing maneuver.

Anyways, right when I started passing her, I saw a Plainsboro police officer coming around the corner in the oncoming lane about 1/4 mile ahead and he pulled me over. He said he pulled me over for reckless driving and improper passing since I crossed a solid yellow line when passing. I only told the police officer that for the record, the line was not solid where I passed, but other than that I know better than to argue with a police officer.

This was my first driving offense ever, thus far I have an absolute clean driving record. But reckless driving (5 points) + improper passing (4 points) add up to 9 points! I think this is a little too harsh of a punishment, considering the line I crossed was not solid and I did not cut off or endanger anybody.

So here my questions now:
- Is it advisable to get a lawyer? It seems that reckless driving is quite a serious offense. Can anybody recommend a good traffic lawyer in the Plainsboro area?

- What can I realistically expect, with respect to points, fines, and license suspension? Since this is my first offense, can I hope for leniency from the judge to reduce the offenses?

- I am schedule to appear in court on Wednesday at 9 am. I have an important work meeting at that time, but I guess I should reschedule that meeting and make sure that I go to court, right?

I am thankful for any advice. Thanks for your help everybody.

[TheGambler]

Wow, are you sure it was "reckless" driving and not "careless" driving? Reckless is usually reserved only for the most serious of cases, such as a bad accident, assault by auto or DWI. I'm extremely surprised they would issue such a harsh summons for a run of the mill traffic infraction. Something isn't adding up here.

If it truly is a ticket for 'reckless' than you should hire a lawyer. If your story is true, your lawyer will probably get them to knock that down to a minor charge or dismiss it and just let the improper passing stand. I believe you need 12 points for a suspension, but the fines and surcharges will be outrageous, and with a reckless conviction your insurance company will probably hike your rates by hundreds or even thousands. Reckless is serious one.

And definitely GO TO COURT no matter what. If you do not show up there will be a bench warrant signed and you risk arrest and your name being put in the police blotter in the paper.

[chief.wiggum]

Originally Posted by TheGambler

Wow, are you sure it was "reckless" driving and not "careless" driving? Reckless is usually reserved only for the most serious of cases, such as a bad accident, assault by auto or DWI. I'm extremely surprised they would issue such a harsh summons for a run of the mill traffic infraction. Something isn't adding up here.

Yes, unfortunately, his hand writing is pretty clear. Since I never had an offense before, I did not realize the seriousness of what he was charging me with. But since I came home I have been doing some research, and I really think it is a little harsh as well.

I don't know if the fact that the officer was thinking that the line is solid has anything to do with this. They recently repaved the road and may have changed the markings. But his response to me pointing out that the line was not solid was just whether I knew that in the state of NJ it is also illegal to exceed the speed limit when passing.

[gdal625]

I would say that you should get a lawyer. Reckless driving is a rather serious motor vehicle offense. It can carry 5 points, fine, and possible suspension of driving privileges. I would certainly make it a point to appear in Plainsboro municipal court on your scheduled court date. If you have a fairly clean driving history many times the prosecutor will merge the two tickets into something lesser. For instance your reckless could be reduced down to a careless driving ticket (39:4-97, a 2 point ticket) and there is also the unsafe operation statute which many prosecutors use. If you plea guilty to the unsafe operation statute you will pay a rather hefty fine but will not get any points (however, you can only use this "deal" 2 or 3 times over the course of a couple years). I do not know the situation since I was not there when you were stopped, however, it seems rather strange that you recieved the improper passing as well as the reckless driving summons. Usually the only time I will see reckless driving issued is with DUIs and very excessive speeding, and other serious infractions. As far as lawyers go, send me a PM I can give you a name, or if you have any other specific questions about court. Again, you are 100% positive that the statute on the reckless driving ticket is 39:4-96? From how you described the scenario it just seems odd, not saying that you are lying. Good luck to you.

[chief.wiggum]

Originally Posted by gdal625

I would say that you should get a lawyer. Reckless driving is a rather serious motor vehicle offense. It can carry 5 points, fine, and possible suspension of driving privileges. I would certainly make it a point to appear in Plainsboro municipal court on your scheduled court date. If you have a fairly clean driving history many times the prosecutor will merge the two tickets into something lesser. For instance your reckless could be reduced down to a careless driving ticket (39:4-97, a 2 point ticket) and there is also the unsafe operation statute which many prosecutors use. If you plea guilty to the unsafe operation statute you will pay a rather hefty fine but will not get any points (however, you can only use this "deal" 2 or 3 times over the course of a couple years). I do not know the situation since I was not there when you were stopped, however, it seems rather strange that you recieved the improper passing as well as the reckless driving summons. Usually the only time I will see reckless driving issued is with DUIs and very excessive speeding, and other serious infractions. As far as lawyers go, send me a PM I can give you a name, or if you have any other specific questions about court. Again, you are 100% positive that the statute on the reckless driving ticket is 39:4-96? From how you described the scenario it just seems odd, not saying that you are lying. Good luck to you.

Yes, unfortunately it very clearly states 39:4-96 "Reckless driving". There was no alcohol involved, and also I do not consider my speeding excessive. I guess I need a good lawyer, I will PM you.

[carlo2009]

Yup..that reckless driving ticket is a biggie-5 points, worst then a careless driving ticket- only 2 points.

Hard to believe he gave you that (reckless driving ticket) plus a improper passing ticket if your story as said is true.

As others said do get an attorney..its a lot of points-9 total..and if you have 6 points or more you will have to pay sur-charges for every year you have 6pts or more (think its $150 per year- no pay they take your license away).

Good luck..and have a feeling you will win with an attorney..no attorney your risking it!

[ocnjgirl]

I would definitely get a lawyer, and I would also go back to the spot where you passed the person and take a picture of the dotted line part where you passed her.

[carlo2009]

Originally Posted by ocnjgirl

I would definitely get a lawyer, and I would also go back to the spot where you passed the person and take a picture of the dotted line part where you passed her.

Yup..this is a very good idea..as ocnjgirl said take a picture of that road and lines.

As we all know you can pass if the lines are broken..but you also have to make it back over by the time the lines go to solid lines.
Now since you said the police car was coming other way at a distance it would be hard for the officer to judge where you made it exactly over..even though its his area and knows the roads well, be hard to prove.

[sholden]

Get a lawyer and argue it down. That's some serious points and the cost of the lawyer will be chickenfeed compared with the cost of your insurance over the next few years...

But from the cops perspective. Let's say you were doing 50 and he was doing 45, so at 1/4 mile starting distance it takes less than 10 seconds for you to hit each other. That doesn't leave much time to complete a pass without him having to take avoidance measures, and if he doesn't notice the other car is moving slowly it'll look like you are *flying* in order to squeeze in...

[carlo2009]

Chief.Wiggum if you're still reading this..I did read this on another site..might give you some info..only problem it goes back to 2005 (5 years ago) fines might be more now.

First of all, if "Court Appearance Required" is checked on the back of
your ticket, you MUST appear in court at the time and place indicated,
even if you wish to plead guilty.

The following traffic offenses can often lead to large fines,
revocation of driving privileges, and jail:

N.J. Statutes 39:3-40 Driving with a suspended or revoked
license
N.J. Statutes 39:4-50 Drunk driving
N.J. Statutes 39:4-50.2 or -50.4a Breath test refusal
N.J Statutes 39:4-96 Reckless driving
N.J. Statutes 39:4-129 Leaving the scene of an accident
N.J. Statutes 39:6B-2 Driving an uninsured vehicle


39:4-96. Reckless driving; punishment

39:4-96. A person who drives a vehicle heedlessly, in willful or
wanton disregard of the rights or safety of others, in a manner so as
to endanger, or be likely to endanger, a person or property, shall be
guilty of reckless driving and be punished by imprisonment in the
county or municipal jail for a period of not more than 60 days, or by
a fine of not less than $50.00 or more than $200.00, or both.

On a second or subsequent conviction he shall be punished by
imprisonment for not more than three months, or by a fine of not less
than $100 or more than $500, or both.

Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.


1. a. Notwithstanding any other provision of law to the contrary, it
shall be unlawful for any person to drive or operate a motor vehicle
in an unsafe manner likely to endanger a person or property.

b. person convicted of a first offense under subsection a. shall be
subject to a fine of not less than $50.00 or more than $150.00 and
shall not be assessed any motor vehicle penalty points pursuant to
section 1 of P.L.1982, c.43 (C.39:5-30.5).

c. A person convicted of a second offense under subsection a. shall be
subject to a fine of not less than $100.00 or more than $250.00 and
shall not be assessed any motor vehicle penalty points pursuant to
section 1 of P.L.1982, c.43 (C.39:5-30.5).

d. A person convicted of a third or subsequent offense under
subsection a. shall be subject to a fine of not less than $200.00 or
more than $500.00 and shall be assessed motor vehicle penalty points
pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

e. An offense committed under this section that occurs more than five
years after the prior offense shall not be considered a subsequent
offense for the purpose of assessing motor vehicle penalty points
under subsection d. of this section.

f. In addition to any fine, fee or other charge imposed pursuant to
law, the court shall assess a person convicted of an offense under
subsection a. of this section a surcharge of $250 which shall be
collected by the court and distributed to the Division of Revenue in
the Department of the Treasury as a New Jersey Merit Rating Plan
surcharge pursuant to subparagraph (a) of paragraph (2) of subsection
b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

2. This act shall take effect July 1, 2004.


According to New Jersey Administrative Code 13:19-10.1 Point assessment:

Any person who is convicted of any of the following offenses,
including offenses committed while operating a motorized bicycle,
shall be assessed points for each conviction in accordance with the
following schedule??

A ticket issued under N.J Statutes 39:4-96 for reckless driving will
receive 5 points on your driving record.


If found guilty, a fine of $150.00 to $200.00 (or jail time, depending
on the severity of the charge.)

A court surcharge of $250.00

5 points on your record

In addition to the points and a fine you may well be facing an
overnight hike in your insurance rates for a number of years if you
get over a certain number of points. You could even lose your
license. If you lost your license, there is the possibility of losing
your job because of lack of transportation, etc. If you are sent to
jail, you could also loose your job. You need to take all these
things into consideration.

In my opinion, a reckless driving charge is not something you should
represent yourself on. With a lawyer helping you, you may get a
better deal because prosecutors can offer a plea deal. The more
serious the situation, the more you need an attorney to seek the best
result possible.

Attorney fees vary by state and practice area. The lawyers I work for
who defend drivers and insurance companies charge between $120 to $150
an hour. Though you may spend a bit of money having a lawyer
represent you, I think you will benefit in the long run because they
may be able to bargain with the judge to lower your points. This, in
turn, could save you the hike in insurance rates. Keeping your
license, as well as your source of income would be a big benefit too.

There are many attorneys on the Internet offering services for
Municipal Court / Traffic Tickets / DWI offences. Simply Google
searching ?New Jersey Municipal Court Traffic Tickets DWI Lawyer?
brings up several hits. You can contact a member of the Lawyer
Referral Service as well at:

( http://www.njsba.com/lawyer_referral/ )

Or try the lawyer search at Findlaw ( http://www.findlaw.com/ )

There are many lawyers out there who will give you a flat rate instead
of charging by hour. If you contact any lawyers, be sure to ask them
about this. Additionally, be sure to ask them if they charge for
consultations. Most attorneys will not charge you for the first hour,
however I have run across a few who do.