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rauchman

Can anyone suggest a lawyer?

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Greetings,

 

I was in a motorcycle accident on Nov 25th, the day after Thanksgiving. Was on Clinton Road in West Milford. In the accident, I wound up w/ 3 broken ribs, collar bone and wrist.

 

A couple of weeks after the accident, I received a summons by mail. The town is charging me w/ careless driving. I went to W. Milford court last night and the prosecutor said that since I was injured and the insurance was now involved, the charge can not be plead down. I plead not guilty and am now on the hunt for a lawyer.

 

I'd rather not say anymore in relation to the actual event, but suffice it to say, I think I'm being screwed heavily.

 

Can anyone recommend a lawyer to consult with?

 

Thanks,

Ken

 

P.S. - It really really sucks not being able to shoot

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Isn't careless driving a 2pt violation? Normally they'll plead bargain no matter what and give you a no point violation. There's really no point in hiring a lawyer. You'll end up paying more.

 

Just show up in court and talk to the prosecutor before hand and they will normally offer you a no point violation to plead guilty to. You'll have to pay a surcharge but they already got it figured out... It'll be slightly less than hiring a lawyer. And if you do, likely they'll do the same thing.

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Isn't careless driving a 2pt violation? Normally they'll plead bargain no matter what and give you a no point violation. There's really no point in hiring a lawyer. You'll end up paying more.

 

Just show up in court and talk to the prosecutor before hand and they will normally offer you a no point violation to plead guilty to. You'll have to pay a surcharge but they already got it figured out... It'll be slightly less than hiring a lawyer. And if you do, likely they'll do the same thing.

 

I'm kind of ahead of you on this one. Was at court last night and the prosecutor said that since there was an injury (me) and insurance was involved, there was nothing he could do for me.

 

I'd like to talk to a lawyer to at least find out what my options are.

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I'm kind of ahead of you on this one. Was at court last night and the prosecutor said that since there was an injury (me) and insurance was involved, there was nothing he could do for me.

 

I'd like to talk to a lawyer to at least find out what my options are.

 

You may not want to answer this but if there was another vehicle involved....Sounds like somebody is putting the screws to you for liability reasons.

 

Did the mayor's kid run you off the road or what?

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You may not want to answer this but if there was another vehicle involved....Sounds like somebody is putting the screws to you for liability reasons.

 

Did the mayor's kid run you off the road or what?

 

No, no other vehicle was involved.

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The public defender for that town is pretty good (I believe it's still Michael Kelly). You can hire him since i think it's a case where you can't get a public defender. I know other defense attorneys too if needed. PM me if you want more info.

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swerving to avoid a dog can be dangerous

 

Very true and while I never had to do that with a dog, I have taken out Squirrels, ground hogs, opossums etc. Never wanted to hit any of them, but when it's an option to try and do something that may get me hurt or save my butt, well it's time to pretend they are a speed bump and make it home under my own power..

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Very true and while I never had to do that with a dog, I have taken out Squirrels, ground hogs, opossums etc. Never wanted to hit any of them, but when it's an option to try and do something that may get me hurt or save my butt, well it's time to pretend they are a speed bump and make it home under my own power..

Ironically I hit a possum last night driving home from SYF on a wet ramp....him or me.

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Well being you here posting and not him, I'd say it worked out well. So you going to come out Monday to shoot with us?

If only I could but as it is my day has already been planned by my lovely but insistent bride to include several stops in North Jersey and an early dinner in Queens.

Perhaps another time as I am curious to see the club and thanks again for the welcome from you and the rest of the gang last night.

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I just realized...The town is trying to protect themselves from being sued for an unsafe POS road that Clinton Rd is...Think about it...

 

 

Get a lawyer they are trying to shaft you....

 

This x100000!

 

I would bet that the reason the prosecutor won't drop or downgrade the charges is civil liability. If you are guilty of reckless driving, then their failure to maintain the road wasn't the cause of the accident.

 

Sounds like you need a traffic defense attorney and a personal injury attorney. The first will cost you money, the second will only cost money if you win money (typical fee is 30% of winnings).

 

I don't have a traffic defense attorney that I can recommend.

 

I know a personal injury attorney, really good guy and really enjoys his work (that's important). I'll see if I can dig up his card/info and I'll PM you.

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Just to chime in here...but I believe Irene wiped out Clinton road in 2 places, then Lee 2 weeks later did a number on it again, all the while fixing a bridge that had closed it since July or something. There was probably messed up pavement all up and down it. It is basically just a two lane paved through the woods with no shoulder and probably no reasonable base.

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I had this very same thing happen to me 1.5 years ago. I had a accident, one person, I had to go to the ER etc...I got a careless driving ticket. This is a 4pt ticket. I spoke with the prosecutor in Robbinsville and since it was a company vehicle, company is self insured, I was able to plead it. In the end, it was plead to vehicle unworthy of being on the rd or something along those lines. I go no points and just paid a $200 fine.

 

I was injured and walked into the court on crutches when this happened. Not sure why he is telling you and can't be plead though.

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Careless driving is 2 points.

 

BUT there is a lesser charge called "unsafe driving" its a sub charge under careless driving.

 

The fine is $50-$150. But there is also a mandatory $250 surcharge to the state. Plus court fees. The only good thing is its a 0 point charge. I think you can use this 3x in 5yrs. Its not a charge given to you. You have to plea it down or ask for it from the judge or proscecutor.

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Greetings,

 

Just wanted to thank everyone for their support in this. My friend's fiancee (who is a lawyer) is hooking me up w/ a lawyer who specializes in this type thing. Will keep you posted.

 

thanks,

Ken

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