Unlike the majority of tickets in NJ which are 2 points. Improper passing is a 4 point ticket. Thus if you are charged with this offense. It is like getting two traffic tickets in one stop. This traffic ticket puts you 1/3 of the way to losing your license assuming you have no other points on your license. Furthermore if this ticket is marked with a court date and not a pay by date you will also be facing up to 15 days in jail.
Improper Passing 39:4-85 and 39:4-86: If you get convicted of improper passing in NJ you will be accessed 4 points on your license. Don't let points ruin your clean record, increase your car insurance rates and cost you money. We have a high success rate of eliminating the points this ticket carries. Learn how, setup your free in office consultation at 1-800-974-4487 and start saving money today. In NJ the law is that a driver must know the proper lane for normal operation and know how to change lanes safely while following the law. For example a driver must always Stay to the right of the center lines. Passing only when there is no oncoming traffic. Watch for lane markings. If the centerlines are both solid, passing is prohibited. If the centerline is dashed on the drivers left side, passing is allowed. All passings must be completed before the centerlines are solid again. Most passing should be made on the left. unless a driver is making a left turn, then you can pass on the right if the roadway has more than one lane going in your direction. Please note however New Jersey law prohibits any passing on the right shoulder of the roadway so you cannot use a shoulder to pass any vehicle.
In New Jersey for Insurance purposes it takes 3 years from the date of your violation/conviction for the points to be eliminated off your insurance. That is why a conviction for this offense should be fought with proper legal representation. Improper passing in NJ can amount to many different actions. Some of the 5 most commonly ticketed actions for improper passing in NJ are:
- Passing on the shoulder of the road
- Passing without using a signal (can also be charged with failure to signal)
- Passing over a double yellow line
- Passing multiple cars at one time
- Passing on the right hand side of another vehicle
For Improper Passing Tickets Marked Mandatory Court Appearance: In addition, to points you could also receive up to 15 days in jail. (note that unless your offense involves an accident or a mandatory court appearance it is very rare, but possible for a judge to impose jail). In addition to possible jail for tickets marked mandatory court appearance, the judge does have the discretion to suspend your license. If you lose your license either because you have accumulated too many points or because the judge feels that your violation warrants a suspension, you could lose your job, your house and all that is important to you! Don't go it alone we can help. Call our office at 1-800-9-RIGHTS or (732) 257-5040 to setup a free in office consultation to find out how we can help you reduce or eliminate these penalties. You have rights, but you must know how to protect them we can help.
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Under NJSA: 39:5-31: A judge may suspend the driving privileges of any person he/she deems to be guilty of a “willful violation” of the law. In simplified layman terms this means that, if the driver knew or should have known, what he/she was doing was illegal or improper, (example running a red light or speeding double the limit or 30mph or more over the limit etc.) the judge may issue a license revocation or suspension to that person even if the particular statute has no provision for a license suspension.
A suspension under 39:5-31 is generally only given by a judge when a ticket is either:
- Marked with a mandatory court appearance or
- When an accident occurs as a result of the ticketed persons actions or
- If the person has a bad past driving record. (points may go away over time, but the violation stays on your record for life)
Accordingly, If your ticket is marked mandatory court appearance, do not try to handle this ticket yourself, put the experience of Attorney Aalsberg to work for you to help reduce or eliminate any possible license suspension. Attorney Aalsberg has a 98%* Success rate to win, reduce or eliminate the penalties for all NJ traffic ticket charges.