Improper Use Of Roadway Lane And Improper Passing
Some tips when you have summons from getting stopped twice, within minutes of one another and by the same police officer. Have manners. This case required an interpreter as the police officer and our client both spoke Spanish.
What happened in this case was the Prosecutor amended / downgraded to Unsafe driving NJSA 4:97.2 from first offense of 4:85, unsafe passing $157 fine, $33, $250 ins surcharge (State scheme for drivers to avoid points but for corrupt NJ Government to fleece drivers in exchange for no point tickets) – $440 total
The relevant statute is as follows:
b.A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
c.A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
In the second charge in second stop by the same police officer NJSA 39:4-85 dismissed
4:97 – Careless driving – dismissed NO COSTS
488b amended to 4 1:16 failure to maintain – improper turn from improved course NO POINTS on insurance. $207 $33
FAILURE TO SIGNAL Dismissed 4:126 (illegal turn) no costs
39:4-126. Signaling before starting, turning or stopping
39:4-88. Traffic on marked lanes
When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:
a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
39:4-126. Signaling before starting, turning or stopping
No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 39:4-123, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway, or start or back a vehicle unless and until such movement can be made with safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
(two violations) 39:4-85. Passing to left when overtaking; passing when in lines; signaling 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 left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
