NJ I-287 "careless" driving ticket

[Hawkeye]

So last week I was driving north on I-287 home with my two daughters in the back. As I approached Exit 4 there was a heavy merge from the local traffic. I moved over to the middle lane (signaling, not speeding) and then after I passed the bulk of the merge, I moved back over to the right to prepare to exit (3)

Got pulled over by an undercover trooper who said changing lanes like that is considered careless driving.

Honest to god I thought I was being courteous letting people in - but I guess the town of Edison needs my $185 and 2 points on my (previously clean for 10 years) license. Based on this experience I will be the type of person who won't get out of the right lane and who will be tapping on their brakes to let cars in instead of moving to a clear lane.

I'm was really mad about it and have until Monday to plead. I'm thinking to plead not guilty and go to court. Do you guys think I'm crazy? I mean no way I can win unless the freakin trooper is a no show right?

 

[redfishbluefish]

The tax collector got you! They use to serve and protect. Now they ticket and collect.

My wife got a ticket for a crack in her windshield....in Franklin. I already had the appointment for the replacement, but the cop didn't care. Ticket...obstruction of vision.

 

[kschweer]

You can try going to court and pleading to another offense to try and get out of the points. You may pay a bit more of a fine but you should be able to get rid of the points.

 

[art13]

I don't think its a matter of should be able to, but you will be able to get rid of the points, in exchange for a higher cost. Also, don't count on a judges discretion as well as far as the min and max payout, it will always be the max. I went in with a clean license, no points no accidents for i think 6 years at the time, maybe more, i got a ticket for what i thought was a yellow light, i was told otherwise. The judge awarded the highest cost judgement no matter what your driving history was. I think the cost at the time of pleading down was like 200 for the charge plus 50-300 per the judges discretion, i paid 500 that day.

 

[mrehfeld]

I wonder if he had a dash cam?

 

[Hawkeye]

yeah paul - i've driven these roads for ten clean years now - not even a speeding ticket and i didn't even know you could be pulled over for changing lanes frequently. And yes kschweer & art - I figure I'm either out $185 to the town - and whatever sum to the insurance company for increased rates, or i'm out $500 or more to the town for a higher fine and no points. Either way they got me over a barrel. Or I spend mega bucks on a traffic attorney and hope for the best.

mrehfeld - i wish ***I*** had a dash cam - because it would totally refute this moron's case against me.

My 13 yr old was in the car too - I could pull her out of school and bring her to court as a witness...ha ha ha...let her see how the "system" works....

 

[Sunny]

Phil

If you have a clean driving record, then I am sure your insurance company will take that into account. You should not see a premium increase for 2 points. I do not think paying $500 is worth it.

It is really bad luck.
Sunny

 

[mrehfeld]

The reason they use reckless is because it's hard to defend yourself against it. It's the officers opinion if you are reckless.

 

[9supratt4]

So, speaking as an insurance agent....it does not make sense to go to court to get rid of the points. Many years ago, when I first started driving it did make sense. You went to court, they dropped the ticket, you paid, and then nothing showed on your driving record.

Now, it is different. They do not drop the ticket. What they do now is change the ticket to a no point Unsafe Driving ticket. Guess what...Unsafe Driving still shows up on your driving record and is still used in the determination of your insurance premiums. So it will actually cost you more to go to court as you will end up paying about $550 and it still shows up on your records and effects your insurance rates.

My opinion to clients and friends.....For only 2 points....pay it. Then go on Groupon and get an online defensive driving course for $15. That wipes out the 2 points and helps adjust your insurance premium back to the original.

 

[mrehfeld]

The seems to be sound advice

 

[9supratt4]

This is the groupon I used.

$15 for a Defensive-Driving Course from The On-Line Traffic School, Inc. ($34.95 Value)

 

[falconut]

It really does suck how bad or state has become for this. When I first started driving, they pulled you over to keep it safe. Most of the time if your record was clean, you got a warning. Then as time went on they moved on to I'm just giving you a seat belt ticket, it's no points. To now, they just house you for money. Give you the points, go to court and buy of the points. Mine was over $400 to get the 2 points off in court.

I tried to check with my insurance company first. But they told me they wouldn't know if the 2 points would raise my rates until the processed it. I didn't want to take the chance.

It really makes you lose a lot of respect for the police anymore. Serve and protect feels like a thing of the past. It feels like they're out looking to get money for the towns.

 

[Hawkeye]

Thanks everyone. So what about just going to court and hoping the trooper doesn't show because he's embarrassed he wrote me up for this baloney charge? if he shows up- i change my plea to guilty. No worse than my current predicament but i have a chance the charge is dismissed.

 

[horseplay]

I am pretty sure the cop will show unless he is sick. Between the township court and police they get the schedule all figured out.

 

[9supratt4]

Agreed....I have never once heard of a cop not showing. Plus, I'm not sure you can change your plea once you go to court.

 

[Brando457]

Plus if you go to court you still need to pay court fees.

As an insurance adjuster Steve is right, take the 2 points, do the defensive driving course and move on. If you've been with your company long term >2 year you should see LITTLE or no effects on your rates.

 

[JRWOHLER]

Take your daughter out of school and have her explain that you used your turn signal to change lanes and were very safe. I find it pretty unreasonable that you cannot be courteous to other drivers. I know that merger all to well, maybe research it before you fight it or pay it one way or the other.

 

[horseplay]

I always thought switching lanes to allow other cars to enter is good driving etiquette. Changing lanes is not illegal as long as rules are followed. If I were you I would risk paying the court fee (which was $25 years ago when I went to court) to see what the judge has to say.

 

[Hawkeye]

I still have until the 17th to pay - even though i said i wanted to plead not guilty. I called Edison again and they said if i pay it before then, it's a done deal. So i move on from this headache. 9supratt - paying isn't what i want to do because i feel it is unjust, but your logic is as always undeniable. I'm watching on netflix "making of a murderer" so maybe i'm a bit fired up about fighting ha ha ha ha.

 

[Mark_C]

A number of years ago I was pulled over for going through a red light. I'm a cautious driver, knew my speed, and the light changed yellow as I was a few feet away. I slowed down a bit as required and glanced up as I passed under the clearly yellow light. 5 minutes later I had a ticket.
I went to court because I knew I was right. It went something like this:
I told the above story. The judge turned to the officer. The officer replied that in his opinion I went through a red light.
Guilty. Pay $150 plus $20 court fees.

But, I do now have some inside info, for what its worth.
Officers do not like going to court. They have to get paperwork prepared, break out a nice newly pressed uniform, and ensure their shift is covered. It some additional work and a dry cleaning bill.
Judges do not like seeing officers in court on ill defined traffic tickets.
If the judge has a problem with this officer, or if the officer does this often, you may be off the hook.
If the judge is reasonable and in the right mood, and you present yourself well, you may be off the hook.
In reality, you'll probably be found guilty, but your going to pay the bulk of that money anyways.
Question one is, 'Is it worth the $50 (or whatever the court fee is) to stand up for your innocence as well as inconveniencing this officer as he has you?'
Question two is, 'Am I going to be pissed off at myself in the future for giving in or will I be proud telling people over cocktails how I defended myself in court?'
Personally I like inconveniencing the officer option, oh, and being proud of course.

Then again, in this day and age, supratt offers what seems like the most reasonable advice.

But, if you go to court, with the judge up high and the officer present, you'll feel persecuted, intimidated, and nervous. Defending yourself and forgetting the details of why your innocent isn't good. Jot details down on a piece of paper. Your allowed to take notes, and even read them verbatum in court.