My mom was looking for a small street parallel to train tracks and mistakenly turned too early, right onto the tracks! Thankfully, there was no train or any injuries; although she fell many times wading through the snow just trying to get safely from the car. The area is dark (in a small park), it was night, and the recent snow accumulation made the intersection difficult to figure out. Legally, do you think this honest mistake is inherently careless? She got a citation.
Careless is careless and an "honest mistake" is not an excuse. However, careless driving is only 2 points. Given what could have happened, she should be happy that that was the worst that happened.
Unfortunetly, there was probably probable cause to issue the ticket. However, your mom's explanation can mitigate the outcome. She should speak to an attorney to help resolve this matter.
Most criminal defense and traffic (municipal court) attorneys can readily obtain a downgrade to a zero point offense. However, there are various options and occasionally (rarely) the problem case. Best to speak with an attorney and, if in doubt, simply retain someone to accompany you to Court.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
It certainly sounds like careless driving. If the roads were unplowed you could argue that it was unavoidable. But why were you out in such conditions. The prosecutor may give you a break. Hackensack is not known for breaks. On the other hand she is entitled to a 0 pointer on this 2 pointer. Speak to the prosecutor. The problem here is the mess she created on the tracks. They may offer a $439 0 pointer. That makes little sense since the 2 pointer is cheaper and can be reduced with a safe driving course. Check with you insurance company first to see if the reduction will work there also and reduce the points they keep on your record for three years. ( not the same as MVC points which come off 3 points a year with no other violations) With an attorney an obstructing traffic ticket could happen which is 0 points and cheaper. But the cost of the attorney offsets this savings. See if the prosecutor will give you this straight up. Again it depends on the mess created in my opinion.
This ticket is 2 points and plus a fine and costs total about $200. There was probably a basis to issue the ticket under the circumstances and the danger created. Your mom's explanation is not a valid legal excuse, but she should go in, explain it to the Prosecutor and seek a dismissal (she probably won't get) or a downgrade to a no point violation or a mun. ordinance. She should consult an attorney as this could get touchy
