I am a Delaware resident and was traveling in NJ. I was on a two lane highway when a vehicle pulled out in front of me. I had to pass him but crossed a double yellow line. After passing him he proceeded to catch up with me and was riding my bumper and giving me the finger. My turn was coming up so I signaled and started to slow. Just before I turned he hit me. My girlfriend was in the car and she can attest the facts.

The office came and gave him careless driving, failure to produce registration and driving licence. I got nothing!

The accident happened on Oct 23rd and I received a ticket November 23rd. The other driver had filed a complaint stating that my careless driving caused him to have an accident, I assume he is pushing the fact that I passed on a double yellow. Its $85 and 2 point + there may be an insurance issue because his insurance had to pay in full for my damages so if I am found to be at fault they will go back to my insurance.

I have the police report in which he states that I had stopped in the road and he had not seen me until it was too late so hit me.

First question is can they issue a ticket that late (after 30 days)? He had filed a complain on Nov-22nd but it states on the ticket that it was issued the 23rd.

I feel that passing on the double yellow was necessary but also that it should have no bearing on the fact that he hit me. The accident happened a quarter mile away from where I passed him. Is this true?

This is such BS and I would greatly appreciate any advice.

 

They cannot issue a ticket based on what he said. The officer would have to see you cross the yellow. Just pay a lawyer a couple bucks to get it dropped. I think its all BS.

Now remember to talk about the accident, not how you crossed the double yellow. The officer only came after the accident if i understood your correctly. Remember that unless the officer saw you cross the lines, there is no evidence. Don't make yourself the evidence by saying you did. I know lying is wrong but in this case, you need to protect yourself.

If the only reason they sent you the ticket is due to his complaint, then taking it to court and the complainer not showing up is your win and ticket dropped. He is prob the only witness.

 

Thanks for the info.
I actually just looked at the ticket and its for "careless driving causing MV crash" so it has nothing to do with me crossing the yellow line. I think he will bring up in court that I passed him on the yellow line but I see no relevance to the crash. He may try to state that I braked in front of him but he states in the police report that he did not see me stopped so hit me.

I just called the court and I have an initial date set for Jan-3rd to talk to the prosecutor. His court date in defense of his tickets is the same day. They told me that he is probably making a complain against me in order to have his charges reduced!

I cant believe I have to waste my time going to court, paying the court fees etc for what seems to be a no win on his part.

 

That is not necessarily true. It is like a "citizens' arrest" and yes it is legal.

I am not certain what his motivation was, but I would believe that he will testify that you were giving him a "brake test", by jamming on your breakes. This is foolish in that a driver in NJ must maintain a proper distance and control of his vehicle. Pay a lawyer and get rid of this. I am sure that he is trying to get your insurance comapny to assume some liability.

 

Well I spoke to the court and they say Jan 3rd is a pre trial. After hearing both sides of the case, if he still wants to pursue the matter, they will assign a trial date.

Im not really sure how the court system works in the US so may just get a lawyer for the Jan 3rd hearing and see if I cant get it sorted then. I am just piss3d that I have to waste my time, effort and my HKS Hi power money when he really has no case. I guess there is nothing I can do about it though.

 

Zippy, I can see your point and after reading some laws. I can see how it works but I do not see how they can assess points. That portion does not make sense to me

 

so from what i gather, he pretty much hit you because he was tailgating you. tailgating in NJ is an 8 point ticket, and he hit you...

Get a lawyer, this shouldn't be your fault at all

 

How much do you think a lawyer would cost? I assume I try to find one in NJ as close to the court as possible so I don't have to have them drive 2 hours to get there?

Do you think I need a lawyer for the initial discussion with the prosecutor or just if it goes to trial after than?

 

lawyers prices varry...i would venture to say about 400$ though.

if this was me, i would make sure the lawyer is with me for the initial talking with the prosecutor. this way they know your serious, and maybe they will just end it after that.

 

Thats a good point. My only contention is that I am already piss#d that he is trying to make a case out of nothing and now I have to throw good money at it. Its just annoying more than anything!

If it wasn't for the fact that his insurance, who paid for my car, would be able to go back to my insurance if I was found to share some responsibility, I would probably just pay. I already have a 2 point credit on my license for defensive driving classes.