"Failure to Observe Stop or Yield Sign"
Driver is guilty of failure to observe stop or yield Sign N.J.S.A. 39:4-144 when he or she does not bring the vehicle to a complete stop within five feet of the nearest crosswalk or stop line.
A driver may proceed after stopping only after yielding the right of way to all traffic on the intersecting street close enough to constitute an immediate hazard.
Driver is guilty of failing to observe a yield sign if he or she enters or crosses an intersection in Edison, New Jersey, for instance, without first slowing to a reasonable speed, stopping if necessary.
Defendant is assessed
two motor vehicle and two insurance points
A driver is not guilty under this statute if he or she was directed to proceed by a traffic or police officer.
Another defense may be that the New Jersey Department of Transportation did not properly authorize the sign in question.
Hence, NJ traffic attorney investigates with the Department of Transportation on the status of this signal.
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.
Should you have any further questions about a failure to observe charge, click here to contact a NJ Traffic Lawyer.