{"id":5499,"date":"2025-05-29T13:15:46","date_gmt":"2025-05-29T13:15:46","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5499"},"modified":"2025-05-29T13:18:19","modified_gmt":"2025-05-29T13:18:19","slug":"what-is-a-civil-reservation","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/what-is-a-civil-reservation\/","title":{"rendered":"\u00bfQu\u00e9 es una reserva civil?"},"content":{"rendered":"
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Did You Know That A Moving Violation Can Be Evidence In A Personal Injury Lawsuit?<\/h2>\n\n\n\n

Many drivers in New Jersey are involved in automobile accidents and receive a ticket for a moving violation such as careless driving (39:4-97<\/a>), but did you know that if you plead guilty to the offense, or even a downgraded offense, under the doctrine of Negligence Per Se, a rebuttable presumption of negligence may be created? More plainly said, the plaintiff usually must show that:<\/p>\n\n\n\n

1. The defendant violated the statute
2. The statute provides for a criminal penalty (i.e., fines or imprisonment) but not by civil penalties
3. The act caused the kind of harm the statute was designed to prevent
4. The plaintiff was a member of the statute\u2019s protected class<\/p>\n\n\n\n

Thus, you may be held responsible for personal injuries simply because you were issued a ticket by a police officer, who did not even witness the accident! Even if Negligence Per Se is not an issue, the plea of guilty to a traffic offense can be used as evidence against you in civil court.<\/p>\n\n\n\n

For these reasons, a defendant has the choice to plead guilty in municipal court and have it affect the pending civil suit or have a trial. Municipal courts<\/a> deal with traffic matters<\/a>, not civil responsibility, and are not the place for trials that are really about civil responsibility.<\/p>\n\n\n\n

To alleviate this concern, R. 7:6-2 permits an order that a plea be deemed non-evidentiary. If a civil reservation is granted, your plea of guilty in the municipal court cannot be used against you in civil court proceedings. To obtain the non-evidentiary reservation, a motion must be made after the municipal court trial or hearing by the attorney handling the case. If the victim or their attorney is present and decides to object, a hearing will be held on the issue. Nonetheless, the court presumes to grant the reservation.<\/p>\n\n\n\n

It is difficult to know which accident\/careless driving case is going to result in a personal injury lawsuit. The statute of limitations is two years for a personal injury action. By the time a suit may emerge, the municipal court matter could have been long decided. In fact, the failure to obtain a civil reservation may make a case easier for a plaintiff and thus a lawsuit more likely. A few questions to be considered when deciding whether a ticket should be contested so that a civil reservation can be sought:<\/p>\n\n\n\n

1. Was the accident a fender bender or was there significant damage?
2. Was there an air bag deployment?
3. Was either driver taken to the hospital?<\/p>\n\n\n\n

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Contacte a nuestros abogados penalistas de Nueva Jersey<\/h4>\n\n\n\n

Contacte hoy a nuestros abogados penalistas de Nueva Jersey al (908) 561-5577<\/strong> o env\u00ede una solicitud a trav\u00e9s de nuestro formulario de contacto<\/a>.Su consulta inicial se llevar\u00e1 a cabo por tel\u00e9fono y puede programar una cita en una de nuestras ubicaciones de las oficinas<\/a> en todo Nueva Jersey.<\/p>\n<\/div>\n<\/div>\n\n\n\n

<\/div>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

Did You Know That A Moving Violation Can Be Evidence In A Personal Injury Lawsuit? Many drivers in New Jersey are involved in automobile accidents and receive a ticket for a moving violation such as careless driving (39:4-97), but did you know that if you plead guilty to the offense, or even a downgraded offense, … <\/p>\n

Leer m\u00e1s<\/a><\/p>","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[103],"tags":[],"class_list":["post-5499","post","type-post","status-publish","format-standard","hentry","category-municipal-court-cases"],"acf":[],"_links":{"self":[{"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/posts\/5499","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/comments?post=5499"}],"version-history":[{"count":0,"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/posts\/5499\/revisions"}],"wp:attachment":[{"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/media?parent=5499"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/categories?post=5499"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aielloharris.com\/es\/wp-json\/wp\/v2\/tags?post=5499"}],"curies":[{"name":"buen juego","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}