"Improper Passing; N.J.S.A 39:4-84, 4-85 & 4-86 "
Violations of improper passing N.J.S.A 39:4-84, 4-85 & 4-86 occur in the following three ways:
First, defendant passes a vehicle in North Brunswick, New Jersey, for instance, proceeding in the opposite direction on the left rather than the right;
Second, defendant passes a vehicle in the same town proceeding in the same direction on the right unless the other vehicle is about to make a left turn or there are at least two lanes of traffic proceeding in that direction.
Third, defendant may not drive on New Jersey roads to the left of the center of the highway to pass a vehicle moving in the same direction unless the left side is clearly visible and is fee of oncoming traffic far enough ahead to permit safe passing.
In addition, if defendant's view is obstructed within 500 feet ahead he or she must not pass.
Finally, a defendant must not cross a "No Passing" solid line on the highway unless directed to do so by a traffic or police officer.
Defendants convicted of any of these violations are subject to a fine up to $200.
If the violation took place in a construction zone, 65 MPH zone or a safe corridor then the fine may be doubled by the court.
Courts may impose up to 15 days in jail for this violation although such discretion is hardly ever exercised.
Courts may suspend a license for willful conduct.
The period of suspension is left to the discretion of the court.
Five motor vehicle and five insurance points
are assessed to 4-84 while four points are assessed to 4-85 and 4-86 convictions.
Prosecutors are allowed to plea bargain improper passing tickets.
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.
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.
If you have any other questions about an improper passing charge, click here to contact a NJ traffic lawyer.