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New Jersey has some very specific legislations (eg. a law requires driver clearing snow/ice from car roof), from what I understand.
Since your case (summons) will be heard before the Judge in court, here are my two cents about what to do re the hearing:
1. Be courteous and only give required information. Ask the police officer to detail why summons is being issued to you. Describe/identify the circumstance - signs and markings etc (I think you've also mentioned earlier that a truck was blocking the view). Ask the officer from where you were observed committing the violation and which signs, markings or postings were involved. Review the position of these signs and take notes. Admit to no guilt.
2. Bring along your statements/documents (conversation with the first police officer, drawing of the accident scene, the path/position of your vehicle in relation to the other car etc.) I know someone wins a case while speeding 65 mph in 45 mph zone because the sign is too high which means not observable or not lawfully posted. It doesn't matter if other drivers were issued same/similar summons for the same reason in the same area.
3. Present clearly what the first police officer told you about the summons to the other party and why it was issued. You have the right to present your evidence (pictures, drawings, measurements and state law) to the court. Then asking for a dismissal from the prosecuting attorney based upon the evidence you presented.
4. Should your evidence be ignored, ask for a trial transcript and notify the court that you are appealing and ask for an appeal form which they must provide you.
If in fact the basis of the summons is a sign, posting, marking or other traffic control device, you'll probably be OK, in my opinion. Ask the court for a copy of any and all rules for appeal and ask for any information you need. They must provide it.
First thing first, get the summons behind you and deal with the insurance later. The compensation process may become much easier. We can talk some more later on. Good luck and take it easy.
posted by 165.248.247...
, Wed, 12 Jan 2005 21:15:49
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