A NJ Civil Reservations Motion Can Avoid Nasty Surprises on Your Traffic Ticket

Most people don't realize the impact that guilty pleas to traffic tickets can have down the road. The figure they paid their fines, took their medicine, and it is over. Unfortunately, that is not always true. The situation to which I refer is where a traffic ticket is issued as a result of an accident. There may be property damage or, worse, personal injury. The driver then pleads guilty to careless/reckless driving, unsafe operation (a "no-point ticket"), or any other moving violation that could be seen as the cause of the accident. A couple years later, after the other driver has sued for damages arising from that accident, that guilty plea is then used against him as proof of negligence. After all, he admitted to driving carelessly, didn't he?

The solution to this dilemma is what is called a Motion for Civil Reservations. This is where the party entering the plea asks that the court bar the use of that plea (or anything that the driver said in the course of entering same) in any current or future civil action. That does not ensure that the driver won't ultimately lose the civil suit (a rear-ender is a rear-ender), but at least he is not handing the evidence over on a silver platter. Arguably, this can also be used to prevent your insurance company from using the plea as a basis for raising your premium. These motions are routinely made and granted by the courts, and is another reason why it is always a good idea to have an attorney represent you in traffic court, especially when there is an accident involved.

Need more information about NJ traffic court? Get the answers by downloading my free book, A Guide to Driving Legally in New Jersey and Surviving Traffic Court If You Don't. It will give you the answers you need all in one place. Then contact my office for an appointment for a free consultation to discuss your case.

The Law Office of Steven J. Richardson serves New Jersey, including: Gloucester, Camden, Burlington, Salem, Cumberland and Atlantic Counties and surrounding New Jersey communities, including Woodbury, Colonial Manor, North Woodbury, Woodbury Heights, Deptford, Thorofare, Gloucester City, Washington Township, Blackwood, Brooklawn, Westville and Pitman.

Richardson Law Offices
40 Newton Avenue
Woodbury, NJ 08096
Phone: (856) 686-9910
Fax: (856) 686-9911