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Charged With
Racing On The Highway In NJ?
39:4-52 or 39:5C-1
Charged with Racing on a Ticket 39:4-52 you Face 5 Points Plus a Possible Suspension of Your Drivers License.
The ticket version of this offense comes with a relatively small fine between $25 to $200. The fine is the cheapest part of this ticket it’s the insurance that can sky rocket thousands of dollars. This is because many insurance companies see a driver convicted of racing on a highway as a high risk. Not to worry, our lawyers can help. This ticket is similar to a speeding ticket in name only because racing on a highway in New Jersey does not even require the operator to actually be speeding just racing either for a speed record or with another vehicle. This is a common ticket for people with fast cars or motorcycles. The fact is if you got this ticket you got lucky because you could have also been charged with a disorderly persons charge of NJSA 39:5C-1 which has up to 180 days in Jail and up to $1000.00 fine. The state however still has up to 1 year to charge you with this offense and the state can amend the charge event at court, thus the reason to make sure you have a good lawyer on your side.
We Fight For You
Charged with Racing on the Highway as a Criminal Charge 39:5C-1 you Face up to 180 days in Jail a Criminal Record, plus possible Suspension of your Driver License:
NJSA 39:5C-1 subjects a person as a disorderly person with a coviction resutling in a criminal record. To be charged with this offense a person must have commited one of the following violations:
1) The person operated or attempltd to or agree a motor vehicle on a public highway in a race with any other motor vehicle or
2) The person attempts to or agree to operate a motor vehicle on a public highway for the purpose of making a speed record or
3) a person attempts or agree to arrange for manage, encourage, or assists in the holiday of or the attempting to hold, any such race or speed race event,
The case of State v. O’Connor establishes that police may infer that two or more vehicles are racing based on both speed and formation, among other factors. The case further notes that police need not observe evidence of a starting or finishing point, a timer or a starter, nor anything that indicates the cars changed relative positions during the alleged race.
If court appearance mandatory is checked on the bottom of your ticket additional penalties such as jail or loss of license may also result from a conviction. The Points associated alone with this ticket can cost you dearly on your insurance, furthermore it is not uncommon for insurance companies to even drop your coverage. Lastly although not noted on the offense the judge can suspended your license and many times will if you received other tickets at the same time. Don't let this happen to you, call our office at 1-800-9-RIGHTS and set up a free office consultation to see how our experienced trial lawyers can help you.
It is Not a defense that you were not in the car:
The definition of racing on a highway does not require the actor to be the person actually racing the car, it could be the organizer of the race or even someone who encourages another to race. Commonly this ticket is issued with a speeding ticket, but the police don’t have to give you a speeding ticket for you to be guilty of racing as these are two separate offenses.
The Six Most Common Tickets Charged with Racing on the Highway in NJ:
- Reckless Driving
- Careless Driving
- Improper Passing
- DWI
- Unsafe lane change
- Failure to Keep Right
Other ticket can be charged with racing on the highway but the four tickets above are the most common. Don't risk your license and low insurance rates, we can help!
Unlike other firms we are not a general practice. We handle only criminal and municipal court matters. Each attorney is fully experienced and has handled thousands of cases in the municipal courts of the State of New Jersey and knows how to get the not guilty verdict you need. Don't wait, call today for a free in office consultation and keep your low insurance rates.
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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.