Drivers who are involved in auto accidents in New Jersey can often find themselves charged with one or more traffic violations related to the crash. Charges such as careless driving, unsafe lane change, reckless driving, and following too closely are all common tickets one might get following an accident.
While it is almost always a bad idea to just accept a traffic ticket and pay it—effectively pleading guilty to the violation—it is particularly risky in the case of an accident. That’s because any guilty plea to a traffic violation can be used against a New Jersey driver as evidence of guilt in a civil lawsuit regarding the accident. This is true even when drivers plead guilty to a reduced offense through a plea bargain (in court settlement)!
For example, say Driver A passes a stop sign in an intersection and hits Driver B (the driver of the other car) who is injured. Driver A is ticketed for NJSA 39:4-144, failure to obey a stop sign. If Driver A pleads guilty to the ticket in municipal court and is later sued by Driver B in civil court for negligently running a stop sign, Driver B can introduce Driver A’s guilty plea as evidence that Driver A was negligent in running the stop sign.
Fortunately, New Jersey has a special rule called a civil reservation that will prevent the plea to the traffic violation from being used against a person in a civil lawsuit.
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What is Civil Reservations?
The Civil Reservation rule, codified under NJ Court Rule 3:9-2, allows a driver to enter a plea of guilty and “reserve” civil liability. In other words, it prevents the civil court from using a guilty plea to accident-related traffic tickets against the driver in a lawsuit.
When Should I Request Civil Reservations with a Traffic Ticket Plea?
Drivers should ask for a civil reservation any time they enter a guilty plea to a traffic violation involving a car accident. Drivers can do this even if they are accepting a plea bargain.
Why Does NJ Allow Individuals to Request Civil Reservations?
Civil reservations are intended to reduce unnecessary trials by providing a limited form of protection for those who plead guilty to things like accident-related traffic tickets and crimes involving victims claiming harm. Without the civil reservations, an individual who wants to plead guilty would be compelled to fight the charges to avoid civil liability.
Ask the judge in court at the same time you plead guilty. In NJ municipal court, the judge usually grants it unless the prosecutor or the victim shows a good reason not to (R. 7:6-2(a)(1)). You can't ask for it later, after the plea is accepted (Maida v. Kuskin, N.J. 2015).
Your guilty plea can be used as evidence against you in a civil lawsuit about the same crash. For example, the other driver could use it to help show you were at fault. Before you plead guilty after an accident, talk to a lawyer.
No. A civil reservation is only available when you plead guilty (R. 7:6-2(a)(1)). If you plead not guilty and the judge finds you guilty after a trial, you can't get one.
Yes, but it is not common. In NJ municipal court, the judge may deny it if the prosecutor or the victim shows good cause, or if the ticket isn't from the same crash as the lawsuit. A judge also won't grant one if you plead guilty without going to court (Maida v. Kuskin, N.J. 2015).
No. If you plead guilty to a crime in New Jersey Superior Court, you can also ask for one (R. 3:9-2). There, you must show good cause. It keeps the guilty plea from being used as evidence in a related civil case.
A civil reservation is a court order that keeps your guilty plea from being used as evidence in a related civil lawsuit. It is common after car accidents, when the other driver may sue. In NJ traffic court, you ask the judge for it when you plead guilty.
No. You must ask for a civil reservation in court when the judge accepts your guilty plea. Paying online or by mail is a guilty plea without a court appearance, so you can't get one. If your ticket came from a crash, talk to a lawyer before you pay.
Do I Need an Attorney to Help Me Request Civil Reservations?
An attorney is not required; however, anyone who feels they may need to request Civil Reservations should consult with an attorney before entering a plea. If you or a loved one has been ticketed for a traffic violation in connection to an auto accident in New Jersey, contact the Rosenblum Law right away. Our team of skilled traffic ticket and criminal defense attorneys have helped many people in similar situations in both New York and New Jersey. Email Rosenblum Law or call 888-815-3649 today for a free consultation about your case.
