Did you know that simply paying a traffic ticket could cost you thousands of dollars in penalties, fines, and increased insurance premiums? What’s more, paying a traffic ticket can result in your auto insurance carrier canceling your policy, a license suspension, and even jail time.
Let our skilled and experienced traffic ticket attorneys work for you. Before simply paying a traffic ticket, give us a call to learn how we can help save you time, money, and points on your record.
Improper Passing (NJSA 39:4-85, 39:4-86) New Jersey
Under NJSA 39:4-85, if you are going in the same direction as another vehicle, you must pass them on the left. In addition, NJSA 39:4-86 states that you may not pass another vehicle at all under the following conditions:
- On an incline
- On a curve
- At an intersection
- At a railroad crossing
- On narrow bridges
- In an underpass
- In a tunnel
- In a “No Passing Zone”
- If the vehicle ahead has stopped to allow pedestrians to cross the road
- When visibility is not clear for a sufficient distance ahead to permit the passing to take place safely
In addition, you can only pass on the left when you can safely return to the right lane ahead.
What’s more, you can only cross into the oncoming lane to pass when it is can be done so safely. In other words, when visibility is unobstructed and the lane is free of oncoming traffic.
Finally, you are allowed to pass on the right, only when the vehicle ahead is making a left-hand turn and only when you can do so safely and without having to leave the roadway.
What Are the Consequences for Improper Passing in New Jersey?
The criminal and financial consequences of improper passing in New Jersey are as follows:
- A fine of $50 – $200 for each offense
- 4 points against your driver’s license.
- $33 courts cost
Furthermore, if you accumulate 6 points or more, you will be required to pay a surcharge of $150 (and an additional $25 for each point over 6) each year, for three years.
Moreover, a conviction for improper passing, which is considered an unsafe behavior, will result in your insurance premiums increasing by as much as 20%
Can I Lose My License for Improper Passing in New Jersey?
Although a license suspension does not commonly accompany a conviction for improper passing, the judge has the authority to revoke the license of anyone who knowingly and willfully commits the offense. Whether this happens or not will depend on the totality of the facts and circumstances involved in your case.
Defenses to Improper Passing in New Jersey
In order to convict you of improper passing, the police have to prove each and every element of the offense for which you were charged. For example, if you were charged with improper passing for passing on the right when it wasn’t appropriate to do so, the prosecutor will need to prove that you indeed passed on the right and that when you did, it was prohibited or not appropriate to do so.
If the police are unable to prove each element of the offense beyond a reasonable doubt, your attorney may be able to negotiate a deal with the prosecutor, whereby your charge will be reduced to a lesser offense, such as failure to signal, unsafe driving, or careless driving.
What If I Was Issued a Ticket for Improper Passing in Association with a Motor Vehicle Accident?
Often when you are involved in a motor vehicle accident, you will be issued a traffic ticket. When this happens, it is important to fight to get the ticket dismissed. This is because a traffic ticket issued to you pursuant to an accident can be used as evidence of fault in a civil lawsuit or personal injury case against you.
If you and your attorney don’t believe that the traffic ticket will be dismissed, it then important to request a civil reservation when entering a plea. This will allow you to accept the consequences of the traffic conviction, without admitting liability for any civil damages resulting from the accident.
Why Hire Us to Defend a Ticket for Improper Passing in New Jersey?
Our New Jersey traffic ticket lawyers have been defending traffic tickets in New Jersey for many years. We have both the understanding and insight necessary to successfully defend the most difficult cases. Call us today for a free consultation.