Patience is a virtue that many drivers in New Jersey admittedly lack. Meanwhile, just about everyone has been in a position where it seems acceptable to improperly pass in traffic. But, is it really worth it? You may want to think twice.
Sure, perspective is everything. You may be late for work, on the way to an important appointment or even need to rush to an emergency. More than likely, you may be thinking “What’s the big deal if I go around this guy?” or “I really can’t afford to wait.”
Unfortunately, you may wind up delayed even longer when you end up getting pulled over. On top of that, you risk expensive tickets that can also mean significant points on our driver’s licenses and disrupt our lives for many years to come. There are multiple types of improper passing violations, and it’s critical that you know the difference in penalties and fines when you’re planning your legal strategy.
Improper Passing in No Passing Zone (NJSA 39:4-86)
For starters, there is the most basic and common type of improper passing violation. The first offense results in a whopping four points added to your driver’s license and a traffic ticket fine of $85. If you commit this violation in a designated safe corridor, construction zone, or a 65 mile-per-hour area, the fine is $140.
However, that’s just part of it. The municipal court can also fine you anywhere between $50 and $200 and/or imprison you in the county jail for a maximum of 15 days. Additionally, the judge has the discretion to suspend your license for willful violation of this law.
Meanwhile, there’s something else to keep in mind. The accumulation of six or more points within a three-year period results in surcharges, and it’s only 12 points to suspension.
Improper Passing on Right or off Roadway (NJSA 39:4-85)
Everyone knows that old NJ Highway Roadway adage “keep right, pass left”. If you’re going to pass a car that’s driving in the same direction as you, you must pass that car by driving to the left of that vehicle. You can’t come back to the right side of the road until it’s safe to do so and there’s a safe distance between your car and the car you passed.
A fair amount of drivers take it upon themselves to decide what’s safe and wind up paying a costly price as a result. The penalties for this are identical to the (NJSA 39:4-86) and can seriously impact a driver’s finances and quality of life.
Other Types of Improper Passing Violations
Additional violations related to improper passing in the State of New Jersey Include:
- Improper Passing of School Bus (NJSA 39:4-128.1) – This is no joke. Penalties and fines can include a fine not less than $100, not more than 15 days’ imprisonment or community service, or both for the first offense. For a second offense, you could be subjected to a fine not less than $250, imprisonment for not more than 15 days, or both. Your license may also be revoked.
- Improper Passing of a Frozen Dessert Truck (NJSA 39:4-128.4) – This law is on the books primarily for the way violations can impact children. It is taken very seriously by the New Jersey Motor Vehicle Commission and results in more points than many seemingly more serious offences. Penalties can include four points on your driving record and additional fines.
Get Experienced Legal Help Now
It may seem less consequential than a speeding ticket, but an improper passing violation can clog your license with points, jack up your insurance rates and jeopardize your license. Contact the attorneys at Beninato & Matrafajlo today so we can start planning your legal defense.