MV accident and ticket issued in mail

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steve_D

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Had a minor accident on an interstate where a bus locked up his brakes, causing an SUV to quickly move from the right lane into my lane cutting me off and requiring me to make an evasive maneuver by moving about a foot into the left lane which resulted in another SUV sideswiping my driver's side. No injuries to anyone and about $3,500 of cosmetic damage to my car and less to hers. NJ State Police arrived and questioned me and the other driver. Trooper asked if I was in her lane, I responded "no" but I did have to move a little to the left to avoid the SUV that cut me off. He shrugged his shpoulders and commented, "well, you could not help it...no body's fault" He told me it was OK to leave, gave me a slip of paper to tell me how to get a copy of the report and told me to request a copy by mail. I left.
Two days later, I received a ticket in the mail with "Unsafe lane change 39.4.88b. This is a required appearance in traffic court. I was advised to (1) go to court and explain my side and take my chances (2) file a cross compalint asking the NJSP to issue a ticket to the other person and hope the judge finds equal fault. Get a lawyer to represent me for a cost of $800 who cannot guarantee any favorable decision. My lawyer friends tell me I have as good a chance on my own as with a lawyer in this type of case. Oh, by the way... the other person involved in the accident is a NJ State Trooper's wife. Am I screwed or is there hope?
 
Who is the "other person" -- the driver that set all the events into motion? It would be interesting if you were the only driver ticketed assuming that driver was still around. I would want to file a cross complaint against the driver that caused the accident.

Part of the problem you have is that you admitted the lane change and the evidence indicates as such. You definitely will want to fight the ticket and I'm not sure that the officer had sufficient information to warrant giving you a ticket. You should first read all the requirements for the law and make your case.

Filing a cross complaint is not a bad idea but what is your claim with regard to the other driver? Was she driving in an unsafe manner? I'm not sure I'd want to throw around complaints if I didn't have much to back up the claim.

Originally posted by steve D
Had a minor accident on an interstate where a bus locked up his brakes, causing an SUV to quickly move from the right lane into my lane cutting me off and requiring me to make an evasive maneuver by moving about a foot into the left lane which resulted in another SUV sideswiping my driver's side. No injuries to anyone and about $3,500 of cosmetic damage to my car and less to hers. NJ State Police arrived and questioned me and the other driver. Trooper asked if I was in her lane, I responded "no" but I did have to move a little to the left to avoid the SUV that cut me off. He shrugged his shpoulders and commented, "well, you could not help it...no body's fault" He told me it was OK to leave, gave me a slip of paper to tell me how to get a copy of the report and told me to request a copy by mail. I left.
Two days later, I received a ticket in the mail with "Unsafe lane change 39.4.88b. This is a required appearance in traffic court. I was advised to (1) go to court and explain my side and take my chances (2) file a cross compalint asking the NJSP to issue a ticket to the other person and hope the judge finds equal fault. Get a lawyer to represent me for a cost of $800 who cannot guarantee any favorable decision. My lawyer friends tell me I have as good a chance on my own as with a lawyer in this type of case. Oh, by the way... the other person involved in the accident is a NJ State Trooper's wife. Am I screwed or is there hope?
 
follow up

Thanks for the feedback
I have decided to NOT file a cross complaint because the other person really was not any more at fault than I was. The culprit was the white SUV that cut us both out. The driver's husband (car that was in the accident) called me on Monday. He is the NJ State Trooper. He suggested that I dispute the ticket in court. He said neither he nor his wife will appear in court, so I should be able to tell the prosecutor my side. He thinks I should bring a drawing and show where the Trooper who wrote the ticket made an error. New Jersey is terrible about fines. The fine is $361 which includes the $250 surcharge by the Governer (I thought extortion was against the law) and a $30 court cost.
I go to court on Wednesday 7/11/04. in Bellmawr NJ.
 
LOL what do you expect of a governor whose name is almost McGreedy
 
Follow-up

Court appearance was surprisingly fair and easy. The prosecutor , Dave Anderson, listened to my version of the accident. He asked me if I would agree to plead it down to a lesser count which was a minimal fine, no points and no report sent to PA. I agreed. The judge (Nicholas ?) accepted my guilty plea to the lesser charge of driving an unsafe vehicle (broken mirror). The township or norough of Bellmawr was quite pleased to accept my check of $136 as fulfilling my obligation. Ordinarily, the fine would have been a minimum of $136 + 250 + 250 + insurance surcharge. So, I suppose I am satisified. The state tropper whose wife was also in the accicent called me on the phone and advised me to go to court and dispute the ticket. he assurred me that he or his wife would not appear in court and suspected that the trooper who wrote the ticket would be too busy to appear which could result in either rescheduling or dismissal (most likely the former unless I was represented by a lawyer at a cost of $400).
 
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