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  #11  
Old 08-17-2008, 02:34 PM
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Quote:
Originally Posted by GMAN
Perhaps you can elaborate more on the charge and ticket? Were you weaving? Were you changing lanes in an unsafe manner? Is there anything else mentioned on the ticket?

The ticket has a lot of checkboxes for various offenses, none of which is checked off. In a category of "other" the officer wrote "weaving", and in a box for statute number, wrote 39:4-88b, which is, of course, for weaving, with verbiage about unsafe lane changes, in the NJ website for such things.

I do not think I was weaving much, if at all. I have noticed myself weaving slightly, when there are no cars around, just going a few inches over the line, but when in traffic, I keep it in the lane, of course.

The officer said I was "all over the road", which is bs, unless I was in some sort of trance and oblivious to things. There were 4 or 5 lanes going the same direction. He said I weaved into the leftmost lane for a while, then went all the way across 2 lanes to the right. Weaving into the leftmost lane is a nono, I agree, but moving 2 lanes to the right isn't such a big deal. How else do you move to the right???


Here's the problem, probably : He said I almost hit his cruiser at one point. That's when he decided to waste his time and pull me over.

I was pretty tired, and had actually pulled off to have a nap a few minutes before I got pulled over.

I didn't contradict the officer, thinking I would just get a warning, and also thinking that being polite and cooperative would be the best policy for me here. He had me rooting around for registration for a while. The truck had about 6 different registrations, but not the one he wanted. No ticket for that, though.

He noticed my hearing protection earmuffs in my duffelbag and asked if I wore them in the truck. I said "no". No ticket for that.

He grabbed my log book off the passenger seat without asking. The log book was current. No problem there.

He asked for my license and med card. All OK there, but he acted annoyed that mt med card was going to expire in a month.

There was another cop with him staring at me with a look of wrorry and fear. Mimicing me, perhaps? The NJ cops like to have 2 cops at every stop, I notice.

He said I was doing 65 - 70 in a 55. It's true, I was doing up to 68 mph, and it was a 55 zone. No ticket for that.


When I got pulled over I thought I would get a speeding ticket, not weaving.

He asked me if I were tired. I said "yes". He said I should pull over and rest if I get tired. I didn't tell him I had just done that a few minutes ago, thinking that would just "prove" I was too tired to drive.

I was at a "normal" level of tiredness, pretty maxed out but not nodding off. I wonder if he is lying about me almost hitting his car. Why would he lie? Don't know. Maybe they are picking on trucks lately, and he needs an excuse to pull them over???

But I still think I wasn't weaving significantly enough for a ticket. I may have gone into the left lane for a second or 2 as I was changing the radio station or inserting a cd, since there were no cars around. I check the mirrors for cars before I take my eyes off the road to do anything like that. And no, I wasn't changing lanes in an unsafe manner. Moving over 2 lanes to the right isn't unsafe.

It's his "you were all over the road" comment that makes me think he is lying. No way was I "all over the road".
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Old 08-17-2008, 03:50 PM
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You may want to check to see if he had a camera in his cruiser. More cops have them these days. If so, it could either help you or hurt you. He also has another cop as a witness. If the other cop was in the car with him, then you have two officers of the court making the same statements. In court, the judge will usually take the word of an officer over the defendant. If both are present it will probably be a slam dunk for them. As stated earlier, you would probably do better by paying a lawyer to plead your case. They can often get away with much more than a defendant. Unsafe lane changes is a serious offense as is weaving. When you hold a CDL you need to rigorously fight any moving violation. It may cost more to hire a lawyer, but may be cheaper in the long run if you are convicted in court.
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Old 08-18-2008, 01:42 AM
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Old 08-18-2008, 01:47 AM
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Quote:
Originally Posted by krell
Thanks for the replies. I found a violation like "FAILING TO OBEY TRAFFIC CONTROL DEVICES" on a NJ point website. I can try to get the prosecutor to give me that, with zero points attached. I'm getting lots of "don't knows" from attorneys I call and from clerks who answer the phone at the courthouse.

The attorneys tell me the violation may or may not be transferred over to my home state. That would be good, since it wouldn't go on my license then. But it "might" and "might not" be transferred. Meaning I have to wait and see if it appears on my MVR !!


The prosecutor may not allow me to plea bargain. May have to plead guilty or not guilty and get the judge's verdict. Even with a 2 pooint conviction, the 2 points and/or the conviction itself "may or may not" be transferred to my home state. Lots of vagueness.

This thing is really wearing me down. The hearing is next week.

Moral of the story : drive safe, don't get tickets.

Any other suggestions / ideas are welcome, of course.

Krell

My company is out of Jersey so I know a few drivers who have gotten tickets there. Jersey never notified thier home state so thier tickets never showed up on thier license. They were all speeding ticks though so I don't know if they treat weaving differantly or not.

I would not want to risk them not reporting it. I agree with all the others good advice. Do whatever you can to get it reduced to non-moving. You may get lucky and not have it reported to your state but are you a gambler :?:
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