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Charged with Improper Passing in
NJ 39:4-85 and 39:4-86 We Can Help:
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 can be charged under either statute number 39:4-85 or 39:4-86: If you get convicted of either statute of improper passing in NJ you will be accessed 4 points on your license. 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 driver's left side, passing is allowed. All passes 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. New Jersey law prohibits any passing on the right shoulder of the roadway. Thus, you cannot use a shoulder to pass any vehicle. Once you pass one vehicle you must get out of the passing lane. You are not allowed to drive continuously in a passing lane, it is for passing only, it is not considered a lane of travel. If you drive in a passing lane without passing someone, you can also get a ticket for A Summons for Slow Speed or Blocking Traffic (39:4-97.1) Don't let the points for an improper passing ticket ruin your clean record, increase your car insurance rates and cost you money. Attorney Aalsberg has a 98%* Success rate of eliminating the points this ticket carries. Learn how we can help you Win, by setting up your free in office consultation at 1-800-974-4487 and start saving money today
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.
Free In Office Consultation
1-800-9-RIGHTS
98%* Success Rate to Win, Reduce or Eliminate the Points and Penalties For All NJ Improper Passing Tickets!
Frequently Asked Questions
Yes. Improper passing is a moving violation and results in 4 motor vehicle points.
In most cases, Attorney Aalsberg can reduce or eliminate the points for this ticket but everyone's case is different and thus the reason we offer a free in office consultation to discuss your case and what can be done.
To get the best result for your improper passing ticket, yes a court appearance will be required but we may be able to make this a virtual court appearance where you will not have to actually appear in person in court.
If you are a CDL Driver a New Jersey Improper Passing Ticket will Effect your LIcense More Than You May Think:
If you hold a Commercial Driver’s License (CDL) and receive an improper passing ticket in New Jersey, the stakes are much higher than for non-commercial drivers.
A 4-point violation under New Jersey Revised Statutes 39:4-85 can threaten your livelihood, employment status, and future driving opportunities.
For CDL holders, this is not just a traffic ticket — it’s a career issue.
How an Improper Passing Ticket Affects CDL Drivers in NJ
As stated eaerlier a NJ Improper passing violations carries:
- Fines and court costs
- 4 motor vehicle points
- Insurance increases
But for CDL drivers, additional consequences may include:
- Employer reporting requirements
- Internal company penalties or termination
- Points impacting your CSA or safety score
- Difficulty obtaining future driving jobs as points don't just effect your insurance but your employers insurance also making them pay more for insurance.
The New Jersey Motor Vehicle Commission maintains your driving record, and violations will impact your national commercial driver record (CDL).
CDL Drivers Cannot Simply “Take a Course” to Remove Points
Unlike standard drivers, CDL holders face stricter rules:
- Defensive driving courses do not prevent the violation from appearing on your record
- Even if you live Out-of-state your violation by federal law will transfer to your home state
- Certain traffic violations may be considered “serious traffic offenses” under federal regulations
Multiple serious traffic violations within a three-year period can result in CDL disqualification.
FAQ for Improper Passing Tickets for CDL Drivers:
Under federal commercial driving regulations, certain unsafe driving violations can be classified as serious traffic offenses. Depending on the circumstances, improper or unsafe passing may fall into that category — particularly if it involves passing in a restricted zone, an example of this could be that you were passing in the two right most lanes on the New Jersey Turnpike:
- Two serious traffic offenses within three years can result in a 60-day CDL disqualification.
- Three serious traffic offenses within three years can result in a 120-day disqualification.
Your ability to work may depend on fighting even a single ticket.
Most cases are mandatory court appearance if you want to contest the ticket however, sometimes a virtual court appearance can be arranged for you.
Protect Your CDL Before It’s Too Late
A single improper passing conviction can:
- Increase CSA or safety scores
- Trigger employer review
- Impact job security
- Raise commercial insurance rates
- Put you at risk of disqualification if you receive another violation
Your commercial license is your livelihood.
If you are a CDL driver charged with improper passing in New Jersey, speak with an experienced traffic defense attorney immediately before entering a plea.
Let Us Help:
- Eliminate Your Points
- Reduce Insurance costs
- Keep your record clean
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.