Improper Passing of a Frozen Dessert Truck (NJSA 39:4-128.4)

Section 39:4-128.4 of the New Jersey Annotated Statutes deals with passing a frozen dessert truck or an ice cream truck. It states that a driver approaching a stopped frozen dessert truck from either direction must stop if the truck is displaying flashing red lights and a stop signal arm. After stopping, the driver may proceed “at a reasonable and prudent speed, not exceeding 15 miles per hour, and shall yield the right of way to any pedestrian who crosses the roadway to or from the frozen dessert truck.”

Though this law may seem esoteric, it is taken very seriously by the New Jersey Motor Vehicle Commission. In fact, improperly passing a frozen dessert truck will result in more points being added to your driving record than failing to stop at a traffic light, failing to observe traffic lanes, driving on a highway divider, or driving the wrong way on a one-way street. Like the law governing passing a school bus, it is intended to protect children who may be too young (or too excited by the prospect of ice cream) to use common sense when entering traffic.

Points and Penalties

If you are convicted of or plead guilty to violating section 39:4-128.4 of the New Jersey Annotated Statutes, you will receive four points on your driving record. These points stay on your record and can affect you in two ways: Having 12 points on your record at any time will result in your license being suspended. Additionally, getting six points in a three-year period will result in a $150 surcharge (in addition to any fines for the underlying offenses).

Three points will be removed from your record in each year where there is no violation or suspension. Once every five years, you may take an MVC-approved defensive driving course for a two-point deduction. Every two years, you can subtract three points through a driver improvement program, and you also earn three points for a probationary driver program.

New Jersey car insurers use a similar point system to decide how much you will pay in insurance premiums, so a conviction or guilty plea can cost a lot in the long run, even outside the fines directly imposed by the law.

What to Do

If you have been accused of improperly passing a frozen dessert truck, an experienced New Jersey traffic ticket attorney can help you fight the charge and protect your good driving record. I have years of experience helping central New Jersey residents fight their tickets, and I can help you, too. To learn how, please call (908) 248-4404 to schedule a free case evaluation.





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