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NJ Improper Passing Lawyer – NJSA 39:4-85

Knowledgeable Defense Lawyer Fights Improper Passing Tickets in Middlesex County, Mercer County, Union County, Ocean County, and Burlington County, NJ

An experienced lawyer can help you fight your improper passing ticket and avoid adding points to your record.  An improper passing ticket in violation of NJSA 39:4-85 carries 4 points.  At the Law Offices of Anthony J. Vecchio, LLC, I regularly help clients fight New Jersey traffic tickets. I have worked for nearly a decade as both a municipal prosecutor and defense attorney. I am familiar with the local courts, judges, and prosecutors, as well as the legal process itself. 

New Jersey traffic laws are strict for a reason.  Our roadways are often crowded and traffic patterns can change frequently with construction.  Passing other vehicles is only permitted under certain circumstances. Usually, when the driver is able to safely pass the traffic lanes are marked as allowing passing. This is usually with broken marker lines.  Improper passing is a four-point offense.

Hiring an experienced defense lawyer gives you an edge.  I know the court procedures and players involved. I will work to smooth the process and avoid roadblocks along the way.  Hiring a good lawyer is even more important if your improper passing ticket was issued in connection with an accident.  The improper passing ticket could be used as evidence that you caused the accident if the other driver decides to sue for damages. It is critical to obtain a civil reservation in such cases. 

If you have been charged with an improper passing violation, I will work to either get your ticket dismissed or get the points reduced to zero points.  To discuss defense options and explain what happened, call or contact my office for a free initial consultation.

Penalties for Improper Passing Under NJSA 39:4-85 and 39:4-86

The rules governing improper passing are contained in NJSA 39:4-85 and 39:4-86.  Under NJSA 39:4-85, vehicles must generally pass other vehicles driving in the same direction on the left-hand side.  If the vehicle in front is making a left turn, the driver can pass on the right, but only if passing is possible without driving onto the shoulder, sidewalk or otherwise leaving the road.  The driver must also make sure that it is safe before returning to the right lane after passing.

NJSA 39:4-86 spells out the circumstances where it is not safe to pass another vehicle under any circumstances.  Under the law, it is not safe to pass:

  • At railroad crossings
  • Where a sign indicates that passing is not permitted (i.e., a “No Passing Zone”)
  • When the center line is a double-yellow line or indicates that passing is not permitted (on roads with only one lane in each direction, passing is permitted only when the center line indicates, oncoming traffic is clear and sightlines are good)
  • Around hills, inclines, and curves where the driver’s sightlines may be impaired
  • At street crossings and intersections
  • In tunnels, underpasses and certain narrow bridges
  • When another vehicle is stopped to allow pedestrians to cross

Violating any of these rules can result in financial penalties and points on your driving record.  Penalties for improper passing in New Jersey can include:

  • Points. New Jersey puts four points on your driving record for improper passing.
  • Fines. The municipal court can impose fines of between $50 and $200, in addition to court costs.  Fines can be increased for improper passing in a school zone, designated 65-mph zone or construction zone.
  • Insurance increases.  Car insurance companies may increase your rates by as much as 20%.
  • License suspension.  While not specifically listed as a penalty, judges have the ability to suspend your license at their discretion.  To suspend your license, the judge must find that you acted willfully.

Under New Jersey law, if you collect six or more points in a three-year period, the Motor Vehicle Commission will impose an annual surcharge.  That surcharge is equal to $150 for three years, plus another $25 for every point over six on your driving record.  If you collect 12 or more points, you will lose your driver’s license.

Why Hire Skilled Lawyer to Help with Your Improper Passing Defense

Like any other offense, the prosecution must prove that you passed in violation of the law in order to impose the ticket. At the Law Offices of Anthony J. Vecchio, LLC, I understand when a defense will work based on the facts of your case.  I will also:

  • Help you understand how to respond to a judge’s questions to avoid hurting your case.
  • Walk you through the legal process, which tends to proceed quickly in traffic ticket cases.
  • Handle interactions with the prosecutor and judge, who are often pressed for time and appreciate efficiency.

An improper passing ticket might seem like a small issue at first glance.  Unfortunately, the financial consequences can be long-lasting.  This applies especially to car insurance ramifications. Even if you have a clean driving record, adding four points can put you at risk of state-mandated penalties and increased insurance costs. 

I have hundreds of five-star reviews from satisfied clients. I handle every case personally.  Contact my office today to learn more about my practice, experience and how I can help.

Call Today for a Free Initial Consultation with an Experienced Improper Passing Ticket Lawyer

Fighting an improper passing ticket can help you avoid the long-term financial consequences of a serious traffic ticket.  I am an experienced traffic ticket lawyer who is skilled in helping clients beat improper passing tickets across New Jersey.  To learn more about how I will fight to win your improper traffic ticket case, call my office today.  Your first consultation is always free.

Frequently Asked Questions About Improper Passing Charges

FAQ: Can I exceed the speed limit in order to safely pass another vehicle?  What if the vehicle I am trying to pass speeds up?

Exceeding the speed limit while passing can result in two violations: (1) the improper passing ticket and (2) a speeding ticket.  Speeding is not excused merely because you were passing.  On the other hand, under NJSA 39:4-87, the vehicle you are trying to pass is not permitted to speed up or try to prevent you from passing.  In other words, police can issue a ticket to the driver who tried to prevent you from passing.

FAQ: I got an improper passing ticket after passing to avoid hitting something else.  Is the ticket valid?

Yes.  Police have the authority to cite you for improper passing if you violate the terms of the law.  It does not technically matter why you passed improperly.  However, the rationale for the improper passing can be used to help your case in court.  A judge may be convinced to let the ticket go based upon your explanation if it is presented properly.  Call today to learn more about fighting your ticket.

Rating Methodology

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  • / THOROUGH & EFFICIENT
    “Mr. Vecchio was very thorough and efficient. His team was accommodating and the ultimate outcome was better than expected. Mr. Vecchio kept me up to date with every detail via emails and text messages. An all around good guy and family man.”
    NOEL
  • / VERY PROFESSIONAL
    “I have been working with Anthony on my husband’s out of state case for a few days now. He is punctual and doesn’t make you feel like you are asking too many questions in such a stressful time. He knows exactly what is happening before you even tell him. He is very professional and treats you like a human at the same time with the most respect.”
    DANA
  • / SHARP & PROGRESSIVE
    "Anthony was instrumental in making the worst time in my life manageable. He's smart, intuitive and most of all he gave me peace of mind. I would recommend him to anyone looking for a sharp, progressive attorney who knows how to navigate the law."
    ALICE

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