Improper Passing in New Jersey
IMPROPER PASSING LAWYER AT AFFORDABLE PRICING
Criminal Defense Lawyers Serving New Jersey
Bernstein & DiBenedetto Criminal Law Practice
CAUGHT IMPROPERLY PASSING IN NJ?
Criminal Lawyers Serving New Jersey
Improper passing in New Jersey constitutes acts such as passing a vehicle that is moving in the opposite direction, passing a vehicle moving to the same direction but from the right(with exceptions) and crossing a “No Passing” solid line on the highway. People should first listen to this rule and understanding because it can avoid the many issues that can come to be affecting a person physically and also in regards to their vehicles and licenses. Individuals do not want the revocation of their licenses and to avoid any problematic results in occurring.
The provisions on NJSA 39: 4-85 and 39:4-86 outline all the rules to be regarded when passing. The ground rule is that vehicles can only pass each other when moving towards the same direction, and that passing must be done from the left-hand side. The driver is also mandated to ensure that it is safe to pass before they act on that decision. Legally, it is considered unsafe to pass at railway crossings, at places where the center line of the road is a double-yellow line or expressly prohibits passing, when another vehicle has stopped to allow pedestrians to cross or in places where the road is curving. Special consideration for passing should also be made when the vehicle is a school bus, since, different rules for the sake of the fragility of school children and how they cross in different occasions.
There are immense financial and long-term effects of being held liable for this offense. For instance, the prescribed points for the offense are four points to the driving record, heinous fines of up to $200.00, with more adverse consequences when passing was done near schools or designated 65-mph zones. These fines depending on the specific and number of cases can lead to higher and more significant fines and in other cases can lead to the revocation of the respective person’s license.
There are several claims that can be made in contestation of the penalties. For instance, a defense attorney may invoke a legitimate urgent situation that may have warranted a disregard of the rules of passing. Improper passing may also be mitigated by substantive technicalities such as errors made by the ticketing officer in the citation. It may also have been informed by necessity, with the aim of avoiding hitting someone else. However, this requires more research and the changes should be done surely on a legislative level.
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