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Old 09-21-2009, 07:26 PM   #1
supes147
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Reckless driving ticket

Yesterday I fell asleep at the wheel and veered into the next lane hitting the side of the car. I didnt know what happened at first and thought I ran over something. I looked for a car flashing me or beeping at me but didnt see anything. Then I see a guy behind with the turn signal on, I pull into the next exit and pull to the side. Get out of the car to see the damage and the police is called and we wait for them to arrive.

When its all done, I get 3 tickets, one for wreckless driving, one for leaving scene of accident, and one for failure to report an accident. The 2 are for going too far and not stopping when it happened I think (I hope these go away in court).

I feel this will be a lot of points. I dont have any points now or any tickets. Should I get a lawyer? What should I do? I have a court date in 2 weeks.

Damage on my car was dents in the 2 passenger doors (probably need to be replaced), wasnt sure of his damage (night). I have Progressive liability insurance only. Plead guilty? Help...
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Old 09-21-2009, 10:01 PM   #2
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Re: Wreckless driving ticket

Absolutely, get a lawyer.
Realistically, since you are at fault (and possibly you admitted that to the cops) you are guilty for causing the accident, but 'reckless' (not 'wreckless') driving is a little harsh.

I think that an 'unsafe lane change' is probably a lesser charge.

Also, 'leaving the scene' and 'failure to report' are not appropriate, because you obviously did not intend to flee.... you did pull over voluntarily and report once requested.

Imo if this was at night, it may be hard to tell if you hit a car or ran over something. Furthermore, if another car signals to me to stop, I really am not about to do so too easily in fear for my safety. There are such things as bump-and-robs, where muggers will cause a minor accident then rob the other driver when they stop to investigate.

So, the delay in stopping etc are not realistic. They can be explained and defended in court.

Imho, get a lawyer and consider making a deal with the DA. You will plead guilty to an 'unsafe lane change' so long as the other charges are dismissed. This means no trial, no expensive courtroom legal fees etc.

If the DA refuses such a deal, go to court and plead 'not guilty' on everything.

Last edited by MagicRat; 09-21-2009 at 10:35 PM.
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Old 09-21-2009, 10:32 PM   #3
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Re: Wreckless driving ticket

Rat's right, go to court on this one.

One thing I will add, is that if you tell the truth - that you fell asleep at the wheel - it may be easier on you in the end. But I'm not familiar with NJ traffic court, so take your attorney's advice.
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Old 09-22-2009, 06:14 PM   #4
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Re: Reckless driving ticket

Ok I will take that advice and get a lawyer and tell everything that happened. How do I find a good one who will not rip me off? Should I look for lawyers where it happened or near me?
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Old 09-28-2009, 05:07 AM   #5
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Re: Reckless driving ticket

It's hit or miss with attorneys sometimes, like everything else there is good and bad...but with traffic court they either do or don't handle them.

I'd start with ones in your area (easier to meet), and make some phone calls. You can ask them over the phone if they handle traffic court matters (some explanation of your situation might be needed). If they don't, they can often refer you to someone they know who does.

If you are willing to go the extra mile, you can call bunches of attorneys' offices and if they don't handle traffic stuff, get their recommendation....then, when you have several that are recommending a certain attorney, you'll know THAT guy is experienced in traffic court.

Good luck, and let us know how this all comes out.
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