Question:

NJ Traffic Law-Harassment-Case Dismissal-Help?

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How do I dissmis a case against me or file a counterclaim?

I was stopped for aleged speeding- doing 55 in 35, which I know is completely not true. In the nut-shell:

1. The patrolmen tailgated me for few miles (I saw him and was driving extra carefully), and then stopped me.

2. From the very beginning he was yelling at me in a very demeaning way, intimidating me and did not let me defend myself. He made me so nervous and afraid I started crying and was so distraught I could not drive,

4. on the ticket he wrote that the offense happend in the "business" area, when in fact, it was a rural area..

5. On the ticket he did not indicate if he caught my speed by radar, by paceing or other, he left it blank.

6. I did file the complaint against the officer at his police station, but since I know I was not speeding, how do I get a dismissal?I already pleaded not guilty. WHhat's the procedure?

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2 ANSWERS


  1. The procedure is you go to court and tell your side of the story to the judge.  The officer will tell his side, and the judge will decide who is telling the truth.

    None of the errors on the summons you mentioned nor the officer's demeanor are sufficient cause to get the case dismissed outright.


  2. I just showed up at the court case.  THere was a huge roomful of people.  Most were hoping that the policemen wouldn't show up so their case would be dismissed.  You are supposed to get a chance to examine and cross-examine the officer.  So he has to be there.  

    You shouldn't have filed a complaint against the officer because he made you so nervous that you cried or that he yelled at you.  He has every right as an American citizen to do that.  

    You will win your court case if you tell the facts exactly as you did in your Answers question. You saw him and drove correctly.  He was so irritated that it could not have been anything you had done ( if you had hit a kid on a bike, he gets to scream, not for speeding).  He must have been irritated at working on his day off and you were going to pay.

    You don't need a lawyer.  You just need the truth.  And you have to decide in advance if the judge offers to let you accept a ticket for 5 miles over the speed limit instead of 20 and agrees to change "business" to rural?  Will you accept that?  WOuld you be willing to offer to withdraw your complaint?  If so, offer this up front if the judge is being sympathetic to you.  The judge might not want to help you if you are being "mean" to the officer (you don't think you were mean)

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