Andover NJ Improper Passing on Right or off Roadway Lawyer

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39:4–85 Improper Passing on Right or Off Roadway (4 POINTS)

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. 

An Improper Passing Ticket is a common ticket issued by the Andover NJ police. This statute basically says if you pass someone you must pass them on the Left. This statute is designed to prohibit a few things. Firstly, it is to prohibit the person who is weaving in and out of traffic passing people on the right. Secondly, it is to prohibit someone riding the shoulder (because there is traffic, etc) to get off at their exit. Thirdly, it is to prohibit the person from getting into a left turning lane too soon by crossing the “hash marks” (those yellow x marks on the road before a left turn).

There are many defenses in Andover NJ Court to an Improper Passing Ticket. Just because you given an Improper Passing Ticket doesn’t mean you are guilty.

If you have been charged with an Improper Passing Ticket in Andover NJ it is important that you hire an experienced Andover NJ lawyer to represent you in court who will leave no stone unturned. Because you do not appear in court every day, and we do, you may not be aware of the many defenses, objections and challenges that are available to defend your Improper Passing Ticket charge. Anyone can simply plead guilty and get the points. Don’t give up your rights!

At Shugar Law we know a lot is on the line with your Andover NJ Improper Passing Ticket. Points, high fines, license suspension and surcharges are just the beginning. Not to mention an increase in your personal insurance rates! Don’t you deserve and owe it to yourself to do whatever it takes to avoid the Improper Passing Ticket Charge in Andover NJ ! Call us for a free consultation at 1-888-966-8484.

Aggressive Improper Passing Ticket Defense in Andover NJ

We do whatever it takes to get you the best possible result for your Improper Passing Ticket in Andover NJ Court. We explore every possible avenue for a successful defense. Whether it is a complete dismissal, downgraded charge, or trial on the merits of your case we guarantee we won’t stop until you tell us to stop.

*Many times we can file motions and/or have the Judge sign an Order to exclude documents from your case.
*Many times we can argue you made a judgment call.
*Many times we can argue case law to dismiss your ticket charge.

Call us Now for Help with Your Andover NJ Improper Passing Ticket

I’m sure you have questions and we are here to help answer them. Take advantage of our Free Consultation. 1-888-966-8484

Can I Be Represented by a Lawyer in Court Without Appearing

Answer is Possibly. There is a court rule that allows a defendant to be represented by a Lawyer in court without the client physically appearing in Court. Court Rule 7:12-3 permits a Judge to allow a Lawyer to represent a client without their personal appearance in court “if a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel”. Undue Hardship is the key word and it is very subjective. What one Judge believes is an undue hardship another Judge will not. In fact there are many Judges in New Jersey that have arbitrary rules pertaining to what they believe is Undue Hardship. We know all of these little rules the Judge’s have so you can know BEFORE hiring whether it is reasonable to anticipate if you will not have to appear.

Procedure to be Represented by a Lawyer in Court Without Appearing
First we would email or regular mail you a plea by mail that is only valid for this one particular case in the one particular court. We pre-fill out the form for you and all you have to do is hand-write or type in the reason for the hardship (which is usually “distance to court”, “reside in ___ State, or “CDL driver”) if you live out of State. We then pre-screen our request to appear in court without you personally appearing. Some Judge’s will Grant or Deny our request prior to the Court appearance. Other Judge’s have us appear in Court and place on the record the reason for the plea by mail request.

Municipal Court Judge’s Review of our Request to Represent You Without You Appearing in Court
Some Judge’s will Grant or Deny our request prior to the Court appearance. Judge’s do not have to give a reason why. If the Judge denies our request to appear without you personally appearing we would simply notify you that your appearance is required. We are always happy to try to accommodate your schedule and would be happy to try to schedule it when most convenient for you.

Other Judge’s have us appear in Court and place on the record the reason for the plea by mail request. We would appear in court on your court date with the plea by mail that you filled out. If the Judge allows us to complete the representation without you personally appearing then we resolve the case and report the fines along with any additional information to you via email or regular mail. If the Judge DENIES our request to complete the representation without you personally appearing then we simply adjourn/postpone the case and we would notify you that your appearance is necessary the next time we appear. If the Judge denies our request it does not harm the final outcome of your case. Again, we are always happy to try to accommodate your schedule and would be happy to try to schedule it when most convenient for you.

Unfortunately, the Judge has the final say as to whether we can complete your representation without you personally appearing. If I had it my way I would represent every single client (who wished us to do so) without them personally appearing in court. Some clients want to come to court and that is fine as well. But in our experience most clients do not want to come to court and would like our service to include representing them without them personally appearing.

Call us Now for Help with Your Andover NJ Improper Passing Ticket

I’m sure you have questions and we are here to help answer them. Take advantage of our Free Consultation. 1-888-966-8484