Aberdeen NJ Failure to Observe Traffic Lanes Ticket Lawyer
39:4–88 Failure to Observe Traffic Lanes (2 POINTS)
When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:
(A) A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
(B) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
(C) Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is sign posted to give notice of that allocation.
(D) The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are sign posted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.
(E) When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions. Amended by L.1951, c. 23, p. 83, s. 47; L.1968, c. 432, s. 1, eff. Feb. 11, 1969.
A Failure to Observe Traffic Lanes Ticket is a common ticket issued by the Aberdeen police. This statute is broken into 5 different sections (A through E) each with their own violation.
Section A states you must drive your car in the right lane unless you are passing a vehicle or preparing for a left-hand turn. If you are on a road which has 2 lanes traveling in the same direction and you are driving in the left-hand lane you risk getting one of these tickets. You would be issued a 39:4-88(A). So if there are two lanes traveling in the same direction you cannot hang out in the left-hand lane. Always drive in the right lane if you are able to.
Section B states that when switching lanes you must make sure it is safe to do so. This ticket is usually given when a person is switching lanes and they get in an accident with another car. The cop assumes that you must not have “ascertained it was safe” to change lanes due to the fact you were in an accident. This conclusory statement by the officer is flawed and does not take into the account the unsafe actions of the other driver who may have been speeding or driving carelessly.
Section C is similar to Section A. Section C deals with a 3 lane road as opposed to a 2 lane road. Section C states you cannot drive your car in the center lane unless you are passing a vehicle or preparing for a left-hand turn. If you are on a road which has 3 lanes traveling in the same direction and you are driving in the center lane you risk getting one of these tickets. You would be issued a 39:4-88(C). So if there are three lanes traveling in the same direction you cannot hang out in the center lane either. Always drive in the right lane if you are able to.
Section D states right-hand lanes are for slow moving traffic and the inside lanes are for traffic moving at the speed limit. It also says you cannot be in the left-hand lane traveling slower than the speed limit. If you are driving slowly in the left lane you risk being issued a 39:4-88(D).
Section E is reserved for Commercial Driver License Holders (CDL). If there are 3 or more lanes for traffic in any one direction NO TRUCKS over 10,000 pounds can be driven in the left-hand lane UNLESS they are entering or leaving the roadway, making a left turn, or an emergency. Commercial Drivers get this ticket all the time. Trucks simply cannot be in the left-hand lane. If you are driving a truck in the left-hand lane you risk being issued this ticket 39:4-88E.
There are many defenses in Aberdeen Court to a Failure to Observe Traffic Lanes. Just because you given a Failure to Observe Traffic Lanes Ticket doesn’t mean you are guilty.
If you have been charged with Failure to Observe Traffic Lanes in Aberdeen it is important that you hire an experienced Aberdeen 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 Failure to Observe Traffic Lanes 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 Observe Traffic Lanes 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 Observe Traffic Lanes Ticket Charge in Aberdeen! Call us for a free consultation at 1-888-966-8484.
Aggressive Failure to Observe Traffic Lanes Ticket Defense in Aberdeen
We do whatever it takes to get you the best possible result for your Failure to Observe Traffic Lanes 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 there was an emergency.
*Many times we can argue case law to dismiss your ticket charge.
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