Aberdeen Driver-Fail To Yield To Pedestrian Crossing Road Traffic Ticket Attorney
39:4-36A Driver-Fail To Yield To Pedestrian Crossing Road Traffic Ticket Attorney (2 POINTS)
A Failure to Stop for Pedestrian Ticket is a common ticket issued by the Aberdeen police. This statute basically says if you see a pedestrian crossing the roadway at an intersection or designated crosswalk you must stop and allow them to cross. If you do not, then you risk being issued this traffic ticket. The Police receive money from the State of NJ to issue these traffic tickets. When the Police receive this money they set up “sting operations” to catch people who allegedly violate this statute. The police dress in plain civilian clothes stand at an intersection or a designated crosswalk and make like they are crossing the street. If you do not stop, they radio up ahead to a cop up the street who will pull you over and ticket you for Failure to Stop for Pedestrian.
There are many defenses in Aberdeen Court to a Failure to Stop for Pedestrian Traffic Ticket. Just because you given a Failure to Stop for Pedestrian Traffic Ticket doesn’t mean you are guilty.
If you have been charged with a Failure to Stop for Pedestrian Traffic Ticket in Aberdeen it is important that you hire an experienced Aberdeen Attorney 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 Failure to Stop for Pedestrian Traffic 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 Aberdeen Failure to Stop for Pedestrian Traffic 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 Failure to Stop for Pedestrian Traffic Ticket Charge in Aberdeen! Call us for a free consultation at 1-888-966-8484.
Aggressive Failure to Stop for Pedestrian Traffic Ticket Defense in Aberdeen
We do whatever it takes to get you the best possible result for your Failure to Stop for Pedestrian Traffic Ticket in Aberdeen 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 traffic ticket charge.
Call us Now for Help with Your Aberdeen Failure to Stop for Pedestrian Traffic 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
Aberdeen Failure to Stop for Pedestrian Traffic Attorney
The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:
(1)The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, half of the roadway means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(2)No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.
(3)Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(4)Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(5)Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
b.A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of $200. The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court. As used in this section, serious bodily injury means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.
c.Of each fine imposed and collected pursuant to subsection b. of this section, $100 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the Pedestrian Safety Enforcement and Education Fund created by section 1 of P.L.2005, c.86 (C.39:4-36.2).
d.In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.