Improper Passing Ticket Attorney Elizabeth, NJ

Improper Passing Ticket Attorney Elizabeth, NJ

Improper passing maneuvers are a common cause of accidents and pose a significant risk to drivers and pedestrians. In New Jersey, laws governing passing are strictly enforced, and violations can lead to fines, points on your license, and even potential license suspension. If you’ve received an improper passing ticket in Elizabeth, NJ, it’s crucial to understand your options and protect your driving record. Brett M. Rosen, Esq., a Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, provides experienced and dedicated representation to drivers facing traffic violations in Elizabeth and throughout Union County.

Understanding Improper Passing Laws in New Jersey

New Jersey has specific laws that dictate when and how drivers can pass other vehicles. These laws are designed to ensure safety and prevent accidents. Some common scenarios where improper passing occurs include:

• Passing on the Right: In most cases, passing on the right is prohibited unless the roadway is clearly marked for two or more lanes of travel in the same direction.
• Passing on a Hill or Curve: Passing where the driver’s view is obstructed, such as on a hill or curve, is dangerous and illegal.
• Passing in a No-Passing Zone: No-passing zones are clearly marked with solid yellow lines on the roadway. Passing in these zones is strictly prohibited.
• Passing a School Bus: Passing a stopped school bus with its red lights flashing is a serious offense with significant penalties.
• Unsafe Passing: Even if not explicitly prohibited, passing another vehicle in an unsafe manner, such as cutting them off or forcing them to brake suddenly, can result in a ticket.

Relevant New Jersey Statutes:

• N.J.S.A. 39:4-85: Overtaking and passing on the right.
• N.J.S.A. 39:4-86: Overtaking and passing a vehicle proceeding in the same direction.
• N.J.S.A. 39:4-87: Limitations on overtaking on the left.
• N.J.S.A. 39:4-128.1: Overtaking and passing school buses.

Penalties for Improper Passing

The penalties for an improper passing ticket in New Jersey vary depending on the specific circumstances of the violation. Generally, penalties can include:

• Fines: Fines can range from $85 to $200 or more, depending on the severity of the violation.
• Points: Four (4) Points will be added to your driving record, which can lead to increased insurance premiums and potential license suspension.
• License Suspension: In some cases, such as passing a school bus, your license may be suspended for a period of time.
• Surcharges: You may be assessed surcharges by the Motor Vehicle Commission (MVC) in addition to fines.

Defenses for Improper Passing Tickets

Challenging an improper passing ticket requires a thorough understanding of the law and potential defenses. Brett M. Rosen, Esq. will meticulously analyze your case and explore all possible avenues to protect your rights, including:

• Challenging the Officer’s Observation:
  • Obstructed View: If the officer’s view was obstructed, their ability to accurately assess the situation could be challenged.
  • Mistaken Identity: The officer might have mistaken your vehicle for another.
• Necessity Defense:
  • Emergency Situation: If you were passing due to a genuine emergency, you might be able to use the necessity defense.
• Mistake of Fact:
  • Faulty Signage: If road markings were unclear or missing, you might argue that you were unaware of the passing restriction.
  • Misjudgment of Distance or Speed: If you made a reasonable misjudgment of the distance or speed of oncoming traffic, it could be a mitigating factor.
• Procedural Errors:
  • Improper Stop: The officer must have a valid reason to pull you over. If the traffic stop was unlawful, the ticket could be challenged.
  • Defective Ticket: Errors or omissions on the ticket could be grounds for dismissal.

FAQs about Improper Passing Tickets in Elizabeth, NJ

• What if I was passing a slow-moving vehicle?
  • Even when passing a slow-moving vehicle, you must do so safely and legally, adhering to all traffic laws and road markings.
• Can I pass on the right if there is enough space?
  • Generally, no. Passing on the right is only permitted in specific circumstances, such as on multi-lane highways or when the vehicle you are passing is making a left turn.
• What are the penalties for passing a school bus?
  • Passing a stopped school bus with its red lights flashing is a serious offense. Penalties can include fines, points, license suspension, and community service.
• What should I do if I am pulled over for improper passing?
  • Remain calm and polite. Provide your license and registration when asked. Do not admit guilt or argue with the officer. Contact an attorney as soon as possible.

FAQs Continued 

What is the difference between passing on the right and undertaking?

• Passing on the right is generally prohibited, except in specific circumstances (e.g., multi-lane roads, left-turning vehicles). Undertaking is passing on the right in a dangerous or prohibited manner.

Can I pass a vehicle that is stopped at a crosswalk?

• No, you cannot pass a vehicle that is stopped at a crosswalk. You must yield to pedestrians.

What should I do if I am involved in an accident while passing?

• Stop your vehicle, check for injuries, and call the police. Exchange information with the other driver and any witnesses. Do not admit fault.

Should I hire a lawyer for an improper passing ticket?

• It’s highly recommended to consult with an attorney, especially if you are facing a serious violation or potential license suspension.

Why Choose Brett M. Rosen, Esq. for Your Traffic Ticket Defense?

• Experienced Traffic Ticket Attorney: Brett M. Rosen has extensive experience handling traffic ticket cases in Elizabeth and throughout New Jersey. He understands the local court procedures and has a strong track record of success in getting tickets dismissed or reduced.
• Certified Criminal Trial Attorney: His certification by the Supreme Court of New Jersey as a Criminal Trial Attorney demonstrates his expertise in legal strategy and courtroom advocacy, which can be invaluable even in traffic cases.
• Dedicated Advocate: He will diligently investigate your case, analyze the evidence, and explore all possible defenses to protect your driving record and minimize any potential penalties.
• Skilled Negotiator: He will negotiate with the prosecutor and the court to seek the best possible outcome, whether it’s a dismissal, a reduction in charges, or minimizing fines and points.

Don’t let an improper passing ticket jeopardize your driving privileges. Contact Brett M. Rosen, Esq. today for a free consultation. He can assess your case, advise you of your options, and provide the skilled legal representation you need to achieve the best possible outcome.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.