Help with Traffic Ticket

[JadeMonkeyStang]

I recently was issued a traffic ticket for careless driving. At the time of the 'violation' I was driving my father's I35, which has a bit more throttle response than any of the vehicles I am used to. While pulling away from a light (at 1:30 AM on a deserted road) I barely chirped the tires while leaving the light, immediately let off the gas and turned into the next parking lot where I was heading to meet a friend. The officer then pulled into the lot behind me and issued me the ticket.

I fail to see how I was driving carelessly and think that this is really a bogus ticket. I was not speeding, burning out, or acting like a moron. I had a momentary glitch in a car I am not used to which didn't result in me losing control of the car, the car moving at all (in an unattended direction at least,) and which I immediately corrected for.

If anyone can help me out as far as advice or any kind of assistance I would really appreciate it. I can't afford the fine and court costs and certainly can't afford those along with the insurance surcharge if I choose to fight it and lose, due to needing to pay for college and rent. Thanks in advance everyone.

I'm in NJ and the ticket was issued by a Washington Twp., Gloucester County officer.

-Jade

 

[turbojimmy]

Go to court and argue your case. Careless driving is pretty subjective so you might do okay. The court just wants their money, though, so you might wind up with pleading to unsafe operation of a motor vehicle which carries no points but a fine and annual surcharge.

Jim

 

[JadeMonkeyStang]

I know that I could plead it down to a no point offense and just a fine. My problem is that I can't really afford to pay that fine and my rent (one of the drawbacks of being a college student). I'm torn between trying to fight it, possibly losing and getting really screwed versus pleading it down, paying whatever fine they give me, and then not eating for 3 weeks.

I really would take the ticket and accept it if I felt I deserved it (for speeding or doing something stupid) but I know that I wasn't driving carelessly and that I don't deserve the ticket.

-Jade

 

[turbojimmy]

Originally posted by JadeMonkeyStang
I know that I could plead it down to a no point offense and just a fine. My problem is that I can't really afford to pay that fine and my rent (one of the drawbacks of being a college student). I'm torn between trying to fight it, possibly losing and getting really screwed versus pleading it down, paying whatever fine they give me, and then not eating for 3 weeks.

I really would take the ticket and accept it if I felt I deserved it (for speeding or doing something stupid) but I know that I wasn't driving carelessly and that I don't deserve the ticket.

-Jade

Even if you plead down to unsafe operation the fine is going to be more than the careless. Plus the DMV surcharges. Insurance companies consider unsafe a moving violation, too, so your rates will go up no matter what. The only advantage to unsafe operation is if you have a habit of accumulating points and are faced with suspension or surcharges. So if it's just about money, I'd take the careless and forget about it.

Your only other alternative is to see if anyone in your circle of friends happens to know the cop. If you can get to the cop before the court date you can see if he's willing to negotiate.

It is possible to improve your situation in court, but it's a risk. It's rare to get something like that completely thrown out. The cop is going to go there to defend his decision to write you up. It will be your word against his as to whether your actions were "careless". Here is what "careless driving" is:

39:4-97. Careless driving
A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

It sounds crazy, but he could've cut you a break and written you for a seat-belt or some other non-moving violation in addition to the careless. Then you'd have something to negotiate down to with the prosecutor.

Jim

 

[strikeeagle]

Just take it up the poop chute, like a man. It's much easier on your stomach lining than fretting over something over which you have absolutely no control.

What were you doing out at 1:30 in the morning anyway? Don't you have a girlfriend?

Let Dad pay for it. It's his fault.

How can you be poor and driving an I35, even a borrowed I35? Remember, Dad's money is your money

You could go see the cop. It won't help, but at least he'll get a chuckle out of it.

 

[BLACK6PACK]

I fight every ticket I get. Down here you go in front of a magistrate before they let you go in front of a judge. 99% of the time if you have a fairly clean record, they will let you plead "no contest" and pay court costs which usually aren't much more than $50. No contest also can't count against your insurance since you didn't plead guilty. I say fight it, if you do go in front of a judge plead your case, tell them you're a student etc. If your driving record is fairly clean you may have a better chance.

 

[JadeMonkeyStang]

Originally posted by strikeeagle
Just take it up the poop chute, like a man. It's much easier on your stomach lining than fretting over something over which you have absolutely no control.

What were you doing out at 1:30 in the morning anyway? Don't you have a girlfriend?

Let Dad pay for it. It's his fault.

How can you be poor and driving an I35, even a borrowed I35? Remember, Dad's money is your money

You could go see the cop. It won't help, but at least he'll get a chuckle out of it.

I was going to see a buddy of mine, whose girlfriend of more than 4 years had just broken up with him, so that he wouldn't do anything stupid.

It is certainly not my father's fault.

The car was bought by my parents, before my Dad had open heart surgery and lost his job. That was almost 2 years ago.

If I could read his handwriting and figure out his name I would.

Thanks to everyone for the help/advice.

-Jade

 

[strikeeagle]

Jade,

I was trying to inject a little humor into the situation. I know tickets suck - I've had 'em and they really get me churned up.

Last ticket I got a cop accused me of making an illegal left at a light. He was coming from the other direction. Hum??? I had no idea how he thought I was doing anything illegal. Anyway, I went to court and when my turn came up the judge said, "Dismissed". Hey, you never know.

Good luck with things - I'm sure things will work themselves out...

 

[RobsIron]

The ticket you should of received is an "improper start". Regardless, I would go to court like Black6Pack said. Plead No Contest and pay court costs. Hopefully the Judge will withhold judication so there's no points. If he doesn't ask him. Just don't give him a lame excuse. Be straight up. If the cop doesn't show...you're home free.

 

[BLACK6PACK]

My last ticket, several years ago, would have been $135, but because I fought it, it only cost me $40 in court costs. There were 40 people in there fighting tickets, and the magistrate said that he would have everybody out in under 20 minutes. Sure enough, I was about 5 from the end and was out of there in under 20 minutes.