Ask Me Help Desk - Can one fight in traffic court the points

My wife was in a traffic accident in New Jersey which occurred at a red light. When the light turned green the car in front of her started moving forward and then suddenly stopped. My wife rear ended the car in front causing minor damage to both cars. The police were called and a police report was written and he also gave my wife a ticket for careless driving. We tried to settle the matter without getting the insurance company involved, but the other party wanted excessive compensation which we refused. The insurance company informed us that the accident will be 5 points and when combined with the 2 points for the ticket, it would throw us into the assigned risk pool. Is there anyway we can fight the two points for the ticket?

You can always fight it in court... I do. You might get the charges reduced depending on her driving record. If its clean.. you stand a chance... if she gets a lot of tickets... then good luck.

Would be a miricle to beat it being SHE rearended another car. But reduced charges get reduced points. Usually the worst that happens is you pay the original charges and court costs.

I've fought tickets in three different states over the years. But none in NJ. Won some completely... got charges reduced most times... only lost outright 3 times. And this is over the last 30 years.

Thanks for your opinion General Sherman. My wife's driving record is clean as a whistle. What can they reduce the charges to? And can we appeal for a reduced charges to the prosecutor before the trial? Also, like you said , she was at fault, so what defense could she give?

Quote:

Originally Posted by howard36

Thanks for your opinion General Sherman. My wife's driving record is clean as a whistle. What can they reduce the charges to? And can we appeal for a reduced charges to the prosecutor before the trial? Also, like you said , she was at fault, so what defense could she give?

Your best bet is to contact the prosecuting attorney and try to arrange to have the ticket amended to a non-moving violation. That way, your insurance won't find her to be so risky.

Unfortunately, she has no defense so this is her best option at this point.

I don't know about NJ but Nassau County routinely does this. I actually had to be in traffic court a couple of days ago on behalf of a friend. As I sat there the clerks called up each person, Almost everyone received a reduction to no points or much fewer (one guy when from 8 to 2), including my friend. So the likelihood is, if you show up at the hearing date, the points will be reduced to none.

I'm not sure what points your carrier is referring to. In NY an accident doesn't incur points, just the violation that caused the accident. It may be a system that your carrier uses.

Quote:

Originally Posted by howard36

Thanks for your opinion General Sherman. My wife's driving record is clean as a whistle. What can they reduce the charges to? And can we appeal for a reduced charges to the prosecutor before the trial? Also, like you said , she was at fault, so what defense could she give?

They CAN reduce it to zero points... its the JUdges descretion.

As far as what defence might I use? I'd plead guilty, but offer up extrenuating circumstances and ask for reduced charges. I'd flat out say, they pulled away from the green light and abruptly slammed on their brakes for no apparent reason visible to her and she just didn't have time to react as she was pulling out from the light as well and the last thing that would have been expected in that case would be for someone to slam on their brakes out of the blue... and plead mercy on the court to reduce the charges and points. Explain she has maintained a clean record... (they will already know this as they will have it in hand but want to see if you try to BS them).

Don't try to BS them... few people can lie convincingly, particularly under pressure. And unlike a moving violation... there is no doubt she rear ended the driver in front (accident report, remember). And 99.9% of the time... that puts her at fault. Its really really hard to put the responsibility on the guy in front and not many cases I know of that could stick it to them either.

Now... remmember that's what I might do. You have to be at ease, respectful, and try to avoid ANY hint of attitude. Never disrespect the cop either.

They see people try to BS them every day... they are really good at reading people from their body language. In fact, law enforcement is trained to do that (most places I know anyway). Try and BS them and they will discount anything you say if anything sounds hoaky to them at all. If you have never been to traffic court, sit in one day before your date.

Write down notes and facts on a sheet and anything you will want to say BEFORE court day... trust me... get up at that podium and your mind will likely go blank unles you have done a LOT of that sort of thing, the note sheet will help you a lot with the important points and things you want to say.

I'm no lawyer, and this isn't legal advice, just saying what I would do in that situation, as a citizen in your shoes that's been to traffic court maybe 10 or 12 times the last 30 years. And unless you have a DWI or a really serious offense, you will be representing yourself in traffic court anyway.

I know In PA you get points like this (usually if a vehicle has to be towed from the scene or if there are injuries or private property damage)... been there done that. In VA only if the cop decides to do it... its not automatic, Don't remember what MD was like on that. Most of mine were all moving violations... a few equipment violations.. I've only had one accident that resulted in a ticket.

And some courts have programs set up, my last one, Paid a "fee" to the court to allow me to take a drivers safety course ( it was equal to the fine) then paid for the course, but when I finished they dismissed all charges.

Also often if you appear in court, esp with an attorney you plead not guility, and guess what the person you hit, never shows up, because they don't get served notice ( never figured that out) so they have no other person to testify against you.

The police officer did not see it, and some courts will dismiss if the person you hit is not there to call as a witness. ** does not work in all courts

But then about 1/2 of the time the officer who wrote the ticket does not show up, so if no one is there, they can't find you guilty.

Also normally the attorney will work for you to plea guilty to some lesser charge or for them not to report the points.