Should my dad obtain a lawyer to fight a careless driving ticket and does he have a good chance at winning?
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Should my dad obtain a lawyer to fight a careless driving ticket and does he have a good chance at winning?
He was the third car in line at a single lane red light. The light turned green the first 2 cars turn left and he went straight. A bicyclist that was traveling the wrong way against traffic on the opposite side of the road, went through the red light in front of him and he hit her with the front bumper driver’s side of the car. There was no damage to his car but knocked the girl off the bike. He was not issued a ticket at the scene but received one in the mail.The rider was under 17 and not wearing a helmet. And the applicable statute states a bicyclist must obey all state and local automobile driving laws. A parent may be held responsible for the child’s violation of any traffic law. He has a court date next week.
Asked on May 23, 2018 under General Practice, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
He is not likely to win entirely since there was a collision, but if he is willing to pay more money to avoid points on his license, the prosecutor may let him plead to "Unsafe Driving," N.J.S.A 39:4-97.2, which has a greater fine but no points on the license. He can likely arrange that plea himself. If that is already the offense he is charged with (again, number 39:4-97.2), that is already as good an outcome as he can likely get, and should mostlikely just pay the fine(s).
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