Received ticket for ice falling off trailer in NJ

I'm using his service and as a non member they quoted me $395. I asked him a few questions on Roaddog then called the service.

 

Ok I had Court this week and the ticket was dismissed "No injury. No Damage. Not guilty"

The officer had made 2 mistakes.

1.By changing the charge after the fact, he did not follow due process which requires 30 days notice.

2. This is the big one. By changing it to the bigger ticket he actually made it easier to beat! 39:4-77.1 requires injury or damage to be charged with this statute.

The prosecutor waited about an hour for the officer to show up in case there might have been an extenuating circumstance to write the ticket. The funny thing is.... In Alpha they don't show up unless they are called in. When an officer writes a ticket "in good faith" ultimately it is the courts decision on how to proceed. They could change the charge and reschedule if they really felt like it.

Since New Jersey has no snow topped vehicle law, (unless you injure or damage something) the easiest thing to do was to dismiss!

If you do injure someone and the police write up an accident report, the injured party has 30 days to sign a ticket against you. If they don't sign a ticket against you, you have no witness to 39:4-77.1 and should still be able to beat it.

I have a coworker who was ticketed for 39:4-77.1 and the injured party signed a ticket against him. He had court the other day. If he is able to get dismissed or reduced from the $500-$1500 fine it is I'll let you know.

 

I thought so too but when I took my break it was 42degrees or so and very sunny. I may have had a thin sheet still stuck some were that came off I think. Oh well.