improper passing + careless driving

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JackpipE - 28 Dec 2007 01:29 GMT

About a week ago my wife got a tickets in Wayne NJ for improper
passing & careless driving in school zone.
Here is the story:
She was driving in residential area (at least 1/2 mile away from any
school zone area sign) behind "stop and go" vehicle. She passed the
vehicle on the left side and kept driving. Everything was happening
within 25MPH speed range. Few minutes later she was pulled over by an
officer and he issued her 2 tickets - improper passing + careless
driving and marked school zone on each ticket.
1. I can understand the improper passing but where did the careless
driving come from?
2. How could he check off school zone in not school zone/residential
area ?

improper passing = 4pts
careless driving = 2pts
total 6pts + school zone on top of it.

Should we take a lawyer and go to court? What are our chances of
reducing the points etc...? Can we request from the officer to show us
video tape of the scene as I suspect he took my wife for someone else.

Thanks,
Jack

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Murderous Speeding Drunken Distracted Driver (Hector Goldstein) - 28 Dec 2007 01:38 GMT

>About a week ago my wife got a tickets in Wayne NJ for improper
>passing & careless driving in school zone.
[quoted text clipped - 20 lines]
>Thanks,
>Jack

The group's resident safety experts (SADDAM and GPSTard) will be along
shortly to explain the error of your ways.

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Half drunk is a waste of money.

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necromancer - 28 Dec 2007 01:52 GMT

JackpipE:

> About a week ago my wife got a tickets in Wayne NJ for improper
> passing & careless driving in school zone.
[quoted text clipped - 7 lines]
> 1. I can understand the improper passing but where did the careless
> driving come from?

Totally in the opinion of the cop who wrote the ticket.

> 2. How could he check off school zone in not school zone/residential
> area ?

Because he can. (am I correct in assuming that the, "school zone,"
indication will result in higher fines?)

> improper passing = 4pts
> careless driving = 2pts
> total 6pts + school zone on top of it.
>
> Should we take a lawyer and go to court?

If you do decide to fight the ticket, definitely get a lawyer. Don't go
against the revenue hungry juggernaut that is traffic enforcement on
your own. IMO, talking to a lawyer would be the best thing to do right
now as he can better explain your options (including going to court and
fighting the ticket) than anyone here can.

> What are our chances of reducing the points etc...? Can we request
> from the officer to show us video tape of the scene as I suspect
> he took my wife for someone else.

Your lawyer can better answer these questions. (in te case of the second
question, this ASSumes that the tape doesn't suddenly, "disappear.")

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"The people who cast the votes don't decide an election,
the people who count the votes do."
--Joseph Stalin

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Harry K - 28 Dec 2007 03:06 GMT

> About a week ago my wife got a tickets in Wayne NJ for improper
> passing & careless driving in school zone.
[quoted text clipped - 20 lines]
> Thanks,
> Jack

Best would be to go the lawyer route.

You should get picture of the stop location showing it was not in a
school zone, even better a series of shots from the school zone to the
stop.

Be sure though that the actual violation (passing) was not in the zone
when it began.

Harry K

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JackpipE - 28 Dec 2007 03:17 GMT

> Be sure though that the actual violation (passing) was not in the zone
> when it began.

It was not.

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Shawn Hirn - 28 Dec 2007 03:16 GMT

In article
<dd3d00f7-fec3-495c-93b7-56be7a7c711c@j64g2000hsj.googlegroups.com>,

> About a week ago my wife got a tickets in Wayne NJ for improper
> passing & careless driving in school zone.
[quoted text clipped - 17 lines]
> reducing the points etc...? Can we request from the officer to show us
> video tape of the scene as I suspect he took my wife for someone else.

Considering that NJ's limit for allowing insurance companies to drop
policy holders for risk driving is six points, you are looking at a huge
increase in insurance rates if your wife gets stuck with those tickets.
She should try to get one or both tickets thrown out. I suggest you hire
an attorney and then he or she can ask those two questions in court.

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