"Avoiding Traffic Signal; N.J.S.A. 39:4-66.2"

Avoiding traffic Signal N.J.S.A. 39:4-66.2 by way of operating a vehicle on public or private property in South Brunswick, New Jersey or Sayreville, New Jersey, for example, is a violation for which two motor vehicle and insurance points are assessed.

Defendant is guilty of this violation if he or she drives a car on public or private property anywhere in New Jersey to avoid a traffic signal.

Defense

The state must prove "purposeful" conduct beyond a reasonable doubt in order to secure a conviction for this offense.

Purposeful is defined as follows:

A person acts purposely with respect to the nature of his conduct or a result thereof if it is his conscious object to engage in conduct of that nature or to cause such a result.

The purpose here would be to specifically avoid a traffic control signal or sign.

NJ Traffic lawyer would demonstrate to the court that the behavior of the driver in the case at hand was not purposeful.

For example, perhaps the client wanted to get gas or coffee but changed their mind for some reason.

Hence, a dismissal of the charge would be warranted.

Strategy

A good alternative plea is pleading guilty 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.

Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.

Did You Know

Drivers may be found guilty of this offense even if they have permission to drive on the property from the owner.

If you have further questions about avoiding traffic signal charge, click here to contact a NJ traffic attorney.