Halvard and Karen Hvidstein, of Jackson, were almost to Blacey's U-Pick Auto Parts in Burlington County in January 2013 when they caught the attention of a police officer.
A state appeals court upheld the careless driving convictions of a Jackson couple that were ticketed for pushing a broken-down pickup truck along a Burlington County road while trying to get it to a junkyard.
Halvard and Karen Hvidstein were almost to Blacey's U-Pick Auto Parts in January 2013 when they caught the attention of North Hanover Police Officer Richard Mellor.
Mellor was in his parked patrol car and watched as Karen Hvidstein drove a sport-utility vehicle that was pushing Halvard Hvidstein's dead pickup through the intersection of state routes 537 and 528, known locally as Monmouth and Jacobstown-New Egypt roads.
Mellor later testified in municipal court that there were no chains or rope connecting the vehicles and they were only moving at 20 to 25 miles per hour on a 50 mile per hour road, the court opinion says.
The officer pulled both vehicles over and asked why they were pushing a vehicle down the road without proper towing equipment. The opinion says Halvard Hvidstein responded that his truck had a blown engine and he was trying to get to Blacey's to "junk it."
Blacey's was a quarter to a half mile away.
Mellor then issued careless driving summons to each driver, Halvard Hvidstein for driving a truck that was inoperable and Karen Hvidstein for operating her vehicle too closely behind the truck without being able to see safely in front of her, and for pushing the truck without using proper safety chains or equipment, the opinion says.
The couple went to trial in North Hanover Municipal County in May 2013.
Karen Hvidstein testified that her husband set out from their home headed for Blacey's and the truck was running. She followed him in her SUV.
Karen Hvidstein said he husband was doing fine until they got to the intersection in New Hanover, where she had to pushed the truck through the intersection after it stopped running, the opinion says.
The couple testified that their plan was to push the truck up a hill just beyond the intersection and then Karen Hvidstein would back off so the truck could roll down the hill to Blacey's. The truck's motor was not running, but the brakes worked.
And Halvard Hvidstein testified that he attempted to alert Mellor that he had broken down in the intersection, but when he did not immediately get the officer's attention, he motioned to go ahead and push it.
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Municipal Court Judge Lois F. Downey found the Hvidsteins each guilty of careless driving and each were fined $200, plus some court costs.
Downey found Mellor credible and accepted his version of events and said the state proved its case, finding Halvard Hvidstein drove a vehicle he knew was not fully operable, and Karen unsafely operated her vehicle behind the truck.
The couple appealed to Burlington County Superior Court in Mount Holly, where Judge Thomas P. Kelly upheld the municipal court decision in January 2014, also crediting Mellor's testimony.
Kelly found that it was careless for Halvard Hvidstein to drive the truck knowing that it was "junk" and that it was careless for Karen Hvidstein to push the truck without any safety equipment.
To the state appellate division, the couple argued heir conduct was not careless and they maintained control of their respective vehicles. They also argued that their driving histories demonstrate that they consider safety a priority, the opinion says.
The appeals court said Kelly made his own independent findings when the matter came before him and it was correct.
"Defendants' appellate contentions are without sufficient merit to warrant discussion in a written opinion," the court said in its opinion.
The Hvidsteins, who represented themselves in court, could not be reached for comment.
A Blacey's tow truck eventually retrieved Halvard Hvidstein's pickup.
Kevin Shea may be reached at kshea@njadvancemedia.com. Follow him on Twitter@kevintshea. Find The Times of Trenton on Facebook.
