Defending NJ 39:4-85. Improper passing on right of off roadway. After you read the following NJ Criminal Statute (Improper passing on right of off roadway) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case.
Hence, a New Jersey traffic lawyer works out a plea agreement with the prosecutor of Metuchen, New Jersey, for example, to obstructing traffic N.J.S.A 39:4-67. If the prosecutor does not grant that request then unsafe driving N.J.S.A 39:4-97.2 should be considered, although it should be noted that unsafe driving carries an approximate fine of $400.
If you are convicted of improper passing in NJ, 4 points will go on your driving record. You also will have to pay an $85-$200 fine and could even be forced to serve 15 days in jail (although it is rarely imposed).
Improper passing on right or off roadway is governed by N.J.S.A. 39:4–85, which provides: The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
New Jersey puts four points on your driving record for improper passing. Fines. The municipal court can impose fines of between $50 and $200, in addition to court costs. Fines can be increased for improper passing in a school zone, designated 65-mph zone or construction zone.
Fine: A first conviction for reckless driving carries a fine of $50 to $200. A second or subsequent offense carries a fine of $100 to $500. Court costs: New Jersey courts impose a fee of $33 for those charged with reckless driving.
three pointsFines and Penalties for Improper Right or Left Turn A driver who pleads guilty to or is convicted of making an improper turn under NJSA 39:4-123 faces an $85 fine ($140 in a construction zone). In addition, you will get three points on your driving record for this violation.
Passing is illegal and unsafe in the following conditions: Cross-traffic is present, even if there are no warning signs. When there is a solid yellow line on your side of the roadway. A school bus is loading or unloading children. Attempting to pass a long line of vehicles.
Rules vary by state laws, but generally, a reckless driving charge can stay on your record for up to 11 years or, in some cases, until you successfully petition for its removal.Mar 27, 2019
Reckless driving carries an additional 5 points. Therefore, if you are driving at an excessive speed, typically 30 mph or more over the speed limit or higher than 90 mph, it is not uncommon for a state trooper or local police officer to issue both the speeding summons and a reckless driving summons.
Three points will be removed if you go one full year without receiving a violation or having your license suspended. Two points will be removed if you complete a NJ defensive driving course. This can be done once every five years.
Get a 2 Point Reduction The 2 point reduction defensive driving course can also help reduce your NJ car insurance rate. The NJ mandatory law states upon completion of the 6 hour NJ defensive driving course, drivers are eligible to receive up to 10% reduction on their car insurance for 3 years.
You can check how many points are on your license in New Jersey by going to the New Jersey Motor Vehicle Commission website. Checking your license points in New Jersey will cost you $15, since you will need to pay for a copy of your driving record.Jul 16, 2021
The laws of New Jersey require motorists to keep to the right, except when passing. Motorists must drive on the right half of the roadway unless driving on a one-way street.
Pass on the right only on roads with more than one land going in the same direction if vehicles on the roadway are moving in two or more substantially continuous lines, or if the driver ahead is making a left turn. New Jersey law prohibits passing on the right should of the roadway.
Passing lanes When approaching the end of the passing lane, drivers in the right lane must merge safely with traffic to the left. Drivers in the left lane must cooperate to let drivers from the right lane merge. Signs are posted to alert drivers that the passing lane is ending.
If you choose to pass a vehicle proceeding in the opposite direction on the left side instead of the right, you can be ticketed for improper passing.
If you are convicted of improper passing in NJ, 4 points will go on your driving record.
If you recently received a traffic ticket for improper passing in New Jersey, contact Michael Botton of The Botton Law Firm today at 732-894-3686. His team of traffic ticket attorneys have years of experience fighting tickets, negotiating with prosecutors, and reducing traffic violations.
Section 39:4-85 - Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right. 39:4-85. Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to ...
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
In the New Jersey Motor Vehicle Code (Title 39 of the N.J.S.A.), there are few tickets as damaging to a driver’s record as Improper Passing.
Improper passing under N.J.S.A. 39:4-86 is punishable by a $50 to $200 fine, or imprisonment not exceeding 15 days, or both.
The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be made in safety.
Yes. However knowing Clifton you are going to pay the $439 for the unsafe driving plea which is worth it in this case as 4-85 is a 4 points offense. Lastly it is your word against the officer. Your 20 year clean record will help you get a plea not a defense to the ticket. Good luck! Please retain an attorney.
Yes it is possible. This all depends on your driving record and the facts and circumstances behind the reasons why the officer elected to give you this ticket.
I deal with Clifton regularly and can safely say you should be able to get a 0 point ticket. The only difficulty would be getting a better 0 pt. ticket than unsafe driving.
Answer: As all the previous attorneys have indicated, it is better to appear with an attorney than go it alone. This is especially true in your matter where you are facing 4 motor vehicle points on your license, a fine of between $200 and $500 and the possibility that your auto mobile insurance rates will go up.
I recommend hiring an experienced municipal court defense attorney to increase the chances of a 0 point plea bargain.
Its very likely, if the attorney is experienced in these sorts of matters. The Prosecutor in Clifton, Tom Brunt, is a reasonable guy, but you want an attorney to avoid having to try the case yourself.
Yes, an experienced attorney may be able to plead you down to a no point violation or significantly reduce the points. An 39 4:85 is a 4 point ticket.
You can be ticketed for improper passing in New Jersey in one of the following ways:
If convicted of improper passing, (except in the case of a school bus) you could be fined not less than $52 nor more than $202. Improperly passing in a construction or highway repair area, the amount will be doubled. If convicted of passing on the right in a “no Passing” zone, you will also receive a four-point assessment on your driving record.
The rules governing improper passing are contained in NJSA 39:4-85 and 39:4-86. Under NJSA 39:4-85, vehicles must generally pass other vehicles driving in the same direction on the left-hand side.
If you decide to contest the ticket and go to court, just like any other offense, the state must prove you violated the law. At the Law Offices of Anthony J. Vecchio, LLC, we understand how a defense can work based on the facts in the case.
Like any other offense, the prosecution must prove that you passed in violation of the law in order to impose the ticket. At the Law Offices of Anthony J. Vecchio, LLC, I understand when a defense will work based on the facts of your case. I will also:
Fighting an improper passing ticket can help you avoid the long-term financial consequences of a serious traffic ticket. I am an experienced traffic ticket lawyer who is skilled in helping clients beat improper passing tickets across New Jersey. To learn more about how I will fight to win your improper traffic ticket case, call my office today .
FAQ: Can I exceed the speed limit in order to safely pass another vehicle? What if the vehicle I am trying to pass speeds up?