Attention: Clients charged with a driving offense for a New Jersey accident
Feb 7th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, New Jersey Injury InformationA recently enacted New Jersey law requires that traffic violations that were issued as a result of a New Jersey accident which has caused “serious bodily injury” are to go to court at the county Superior Court. In the past, these types of cases would be taken care of at the local Municipal Court where the ticket was issued. Now, the prosecutor at the local Municipal Court must look at the police accident report to determine whether or not a “serious bodily injury” has occurred.
Unfortunately, these cases are originally scheduled at the Municipal Court level and then may be transferred up to the county Superior Court if the Municipal Court determines that there is a “serious bodily injury” involved. The client and the lawyer may now have to appear at a second court appearance in the county Superior Court.
Essentially, the New Jersey legislature has designated the police officer that investigates the accident a temporary doctor. How will a police officer with little or no medical training be able to decide if an injury is serious or not? Most medical doctors cannot make this decision until medical testing such as an X-ray, MRI, EMG, or CAT Scan has produced positive results. This is in addition to weeks of medical treatment and rehab.
A copy of the recent NJ law and the statutory definition of a “serious bodily injury” are attached here: 2B:12-17.2.2 & 2C:11-1.pdf
