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Charged With Last Lane Ticket for Trucks? 39:4-88(e) We Can Help Reduce or Eliminate:
Charged With a 39:4-88(e) Last Lane Ticket for Trucks in New Jersey?
If you received a summons for N.J.S.A. 39:4-88(e), you may be accused of operating a qualifying truck in the far-left lane of a New Jersey roadway where three or more lanes are traveling in the same direction.
A 39:4-88(e) violation is specifically directed at certain trucks—not ordinary passenger vehicles. Under the statute, a truck with a registered gross weight of 10,000 pounds or more generally cannot be driven in the farthest left-hand lane when a roadway has three or more lanes for traffic traveling in the same direction. The statute provides specific exceptions.
For truck drivers and CDL holders, a traffic conviction can be more than an inconvenience. Your driving record may be important to your employment, insurance, commercial driving opportunities, and livelihood.
Don't Automatically Pay Your Ticket
Before pleading guilty or paying a 39:4-88(e) summons, consider having an experienced New Jersey motor vehicle attorney review your case. Attorney H. Scott Aalsberg, Esq. represents drivers throughout New Jersey facing traffic and motor vehicle charges. Attorney H. Scott Aalsberg has been recognized as a Top 25 Motor Vehicle Lawyer by The National Trial Lawyers; and has represented more than 12,000 clients.
Call 1-800-9-RIGHTS For A Free Consultation to discuss your New Jersey 39:4-88(e) violation.
What Conduct Does N.J.S.A. 39:4-88(e) Cover:
N.J.S.A. 39:4-88(e) is New Jersey's truck far-left-lane restriction.
The statute applies when:
- The roadway has three or more lanes for traffic traveling in one direction; and
- The vehicle is a truck with a registered gross weight of 10,000 pounds or more.
Under those circumstances, the truck generally cannot be driven in the farthest left-hand lane.
There are important statutory exceptions, however. A qualifying truck may use the far-left lane when and to the extent necessary to prepare for a left turn, when necessary to enter or leave the roadway through a left-side entrance or exit, or when reasonably necessary in response to emergency conditions, such as debri's blocking the roadway. This means the circumstances surrounding the alleged violation can matter.
The question is not simply, "Was the truck in the left lane?" Our legal analysis will also involve why your truck was there, what type of roadway it was on, the truck's registered weight, and whether an exception applied.
New Jersey Truck Left Lane Law Explained
New Jersey has several statutes dealing with traffic lanes, and they should not be confused with one another.
N.J.S.A. 39:4-88(a) addresses the lane nearest the right-hand edge or curb under ordinary circumstances.
N.J.S.A. 39:4-88(b) addresses maintaining a lane and changing lanes safely.
N.J.S.A. 39:4-88(e) specifically addresses qualifying trucks and the far-left lane on roadways with three or more lanes traveling in the same direction.
This distinction is important when reviewing a traffic summons because the exact subsection charged can affect the legal issues involved and which defense will work best for you to win your charge.
Who Does 39:4-88(e) Apply To?
The statute specifically refers to a truck of 10,000 pounds registered gross weight or over.
This can include various types of commercial and heavy trucks, depending on their registration and the circumstances.
Potentially affected drivers can include:
- Tractor-trailer drivers
- Commercial truck drivers
- Delivery truck drivers
- Box truck drivers
- Heavy-duty truck operators
- Fleet drivers
- CDL holders
- Other drivers operating qualifying trucks
Whether a particular vehicle falls within the statute should be determined by examining the vehicle's registration and the specific circumstances of the case.
How Many Points Is a 39:4-88(e) Violation in NJ?
Currently N.J.S.A. 39:4-88, Failure to Observe Traffic Lanes, is a 2-point violation. Two points may not sound significant, but the consequences of a traffic conviction depend on the driver's overall record and circumstances. But for a CDL holder, there may be additional considerations.
If you depend on your license or CDL for work, don't assume that a 2-point violation is insignificant.
CDL Drivers Need to Take This Charge Seriously
If you hold a Commercial Driver License, your traffic record can be especially important.
As a professional driver you depend on a valid driving record to maintain your employment and commercial driving opportunities.
Thus, for most drivers the fine is probably the least important penalty, it's the points and the violation on your driver's abstract that should matter most. In 98% of the cases Attorney Aalsberg has handled he has Won, Reduced or Eliminated these penalties for his clients. Put his 98% success rate to work for you!
What Are the Exceptions to 39:4-88(e)?
N.J.S.A. 39:4-88(e) contains several exceptions.
1. Preparing for a Left Turn
A qualifying truck may use the far-left lane when and to the extent necessary to prepare for a left turn.
The statute specifically permits the truck to be in the far-left lane for up to one mile to prepare for a left turn under the circumstances described by the statute.
2. Entering or Leaving the Roadway
The statute also addresses situations where a truck needs to use the far-left lane to enter or leave a roadway through a left-side entrance or exit. The statute permits use of the far-left lane for up to one mile to prepare for the maneuver under the circumstances described in subsection (e)(2). J
3. Emergency Conditions
A qualifying truck may also use the far-left lane when reasonably necessary in response to emergency conditions.
The statute identifies examples including:
- Poor visibility
- Snow
- Accidents
- The presence of emergency vehicles
These are examples rather than an exhaustive list of every circumstance that might constitute an emergency condition as everyone's case is unique. Thus, the facts of the individual case matter.
Can a Truck Drive in the Left Lane in New Jersey?
Generally, a qualifying truck cannot drive in the far-left lane on a roadway with three or more lanes traveling in the same direction unless one of the statutory exceptions applies.
The law is narrower than a blanket rule saying that trucks can never use the left lane.
For example, the statute expressly addresses situations involving:
- Preparing for a left turn;
- Preparing to enter or leave a roadway; and
- Emergency conditions.
The precise location of the truck, roadway configuration, registered weight, and reason for using the lane can therefore be important and will be reviewed by Attorney Aalsberg.
Does 39:4-88(e) Apply to a Two-Lane Highway?
The specific far-left-lane restriction in subsection (e) applies when a roadway has three or more lanes for traffic traveling in one direction.
That does not mean that every lane-use rule disappears on a two-lane roadway. Other provisions of New Jersey motor vehicle law may apply depending on the circumstances.
Thus it is not a complete defense as the ticket could be modified or the violation changed assuming the statute of limitations has not run. Thus this may be a defense, but may not be and your specific facts will matter.
Can a Truck Use the Left Lane to Pass Another Vehicle?
This is an important distinction.
The language of N.J.S.A. 39:4-88(e) specifically prohibits a qualifying truck from being driven in the farthest left-hand lane on a roadway with three or more lanes traveling in the same direction, subject to the listed exceptions. Unlike some lane-use provisions, subsection (e) does not expressly list ordinary overtaking as an exception to the far-left-lane restriction.
Accordingly, a driver should not automatically assume that being in the left lane to pass another vehicle makes the maneuver lawful under subsection (e).
Thus, the exact roadway, lane configuration, and circumstances should be reviewed before determining whether a defense exists.
Can a Truck Use the Left Lane to Make a Left Turn?
Yes.
N.J.S.A. 39:4-88(e)(1) specifically permits a qualifying truck to use the far-left lane when and to the extent necessary to prepare for a left turn. The statute allows the truck to travel in the far-left lane for up to one mile to prepare for the left turn under the conditions specified in the statute. If you were ticketed while preparing to make a left turn, that circumstance may be importantfor your defense, but it may not be a complete defense.
Can a Truck Use the Left Lane to Enter or Exit a Highway?
Yes, under the statutory exception.
N.J.S.A. 39:4-88(e)(2) addresses situations where it is necessary for a truck to use the far-left lane to enter or leave the roadway through a left-side entrance or exit. The statute allows use of the far-left lane for up to one mile to prepare for the maneuver under the circumstances described by the law.
Can a 39:4-88(e) Ticket Be Dismissed?
Potentially, depending on the facts and evidence.
No attorney can responsibly guarantee that a particular traffic ticket will be dismissed. However, a lawyer can examine whether the State can establish the elements of the charged violation and whether the circumstances support a defense.
Issues that may be relevant include:
- Whether the vehicle was a truck covered by subsection (e);
- Whether its registered gross weight was at least 10,000 pounds;
- Whether the roadway had three or more lanes traveling in the same direction;
- Whether the vehicle was actually in the farthest left-hand lane;
- Whether the driver was preparing for a left turn;
- Whether the driver was entering or leaving the roadway;
- Whether emergency conditions existed;
- Whether the officer's observations accurately describe what happened; and
- Whether there are inconsistencies in the summons or evidence.
A traffic attorney can review these issues and explain the available options.
What Should I Do After Receiving a 39:4-88(e) Summons?
If you received a 39:4-88(e) ticket in New Jersey:
1. Read the Summons Carefully
Confirm the exact statute and subsection listed on the ticket.
2. Check the Court Date
Do not ignore the date listed on your summons.
3. Consider Your Driving Record
A conviction can have consequences beyond the immediate fine, particularly if you already have points.
4. CDL Holders Should Be Especially Careful
If you have a CDL, your commercial driving record and employment may be important considerations.
5. Don't Automatically Plead Guilty
Before paying the ticket or entering a guilty plea, consider having the charge reviewed by a New Jersey motor vehicle attorney.
6. Preserve Relevant Information
If you have information about the roadway, lane configuration, truck registration, dashcam footage, photographs, GPS information, or other evidence, preserve it.
How Attorney H. Scott Aalsberg, Esq., P.C. Can Help
A traffic ticket may look simple on paper. The legal issues behind it may not be. Put the Best Chance of Winning your Charge on your side. Attorney H. Scott Aalsberg ttorney H. Scott Aalsberg has represented more than 12,000 clients and has been in practice for over 30 years. Attorney Aalsberg has also been recognized as a Top 25 Motor Vehicle Lawyer by The National Trial Lawyers.