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Can I get my careless driving ticket reduced to a no-point violation?
Anonymous4 views4 answers
I was changing lanes and looked in my side mirror and saw nothing. All of a sudden a car came from nowhere. My son yelled to get back over and I did, but the other driver went into the guard rail and damaged the side of his car. He asked that I not call the police, but I did anyway.
I have a spotless record. Would the court consider this and give me a no-point violation, and how much could this cost? Also, the other driver could not produce an insurance card.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
In New Jersey, you are entitled to get a 0-point ticket on a 2-point careless driving charge for the asking. It is called 39:4-97.2, unsafe driving. This has 0 points but $50 - $150 in fines, $34 or so court costs, and a $250 surcharge to the State. You can do this on your own.
However, you may want to consult with an experienced defense attorney about alternatives. First, you may want to insulate yourself against a possible suit. Second, you want to consider the insurance consequence of the accident; they can assess points for that event.
There are procedures that may get the ticket dismissed, but you need to act fast. Whether the attorney's fee makes sense given the charge is a factor, but call an attorney first.
It would be possible, as Mr. Cheser indicated, to get this ticket downgraded to unsafe operation of a vehicle, which means no points but comes with a hefty fine. You could certainly benefit from speaking to an attorney to discuss all of your options.
The Court certainly has the option of offering you Unsafe Driving (no points). They will consider all factors involved including the accident. The previous poster’s advice about consulting an Attorney is your best option.
