Failure to Signal & Improper Passing

Signal Violations in New Jersey

Violations for improper passing and failure to signal may be based on a number of different New Jersey statutes dealing with a number of different situations. Only a few of the possibly relevant statutes and likely situations are discussed below.

As a general matter, when passing is allowed, passing vehicles are required to do so by traveling to the left of the vehicle being overtaken. However, that may not always be required. For example, under N. J. S. A. 39:4-85 an overtaking vehicle may pass to the right of a vehicle making or about to make a left turn; and on a multi-lane highway an overtaking vehicle may pass to the right of other vehicles when heavy traffic causes the lanes of vehicles to move in substantially continuous lines. Under the statute, driving off the roadway and onto the shoulder in order to pass is not allowed. Conviction for improper passing will result in a fine of from $50 to $200, and if the offense occurred in a construction zone, a safe corridor zone or in a 65 MPH speed zone the fine must be doubled. A 15-day jail term may also be imposed. The Motor Vehicle Commission, (MVC) formerly known as the Department of Motor Vehicles, (DMV) will also assess 4 motor vehicle points and the driver's insurance company will assess 4 insurance eligibility points.

Signs, roadway markings, and the configuration of the roadway may dictate whether and how passing may lawfully be done. Whether and in what manner a vehicle may lawfully pass requires a careful examination of all of the facts, including traffic and roadway conditions, signs and road markings, the type of vehicle being passed; and a careful review of the applicable law.

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Drivers are required to signal in an approved manner in a variety of situations. For example, under N. J. S. A. 39:4-126 a driver must signal before starting or backing a vehicle, and before turning left or right at an intersection or off a roadway, and before moving left or right between lanes on a roadway. The signal must be given when any other traffic may be affected by such movement, and must be given during at least the last 100 feet traveled by the turning vehicle before turning. A driver must also signal to any driver immediately to the rear before stopping or suddenly decreasing in speed. Whether a signal should have been given, or whether a given signal was adequate, requires a careful examination of the facts and the applicable law. Conviction for failure to signal will result in a fine of from $50 to $200, and if the offense occurred in a 65 MPH speed zone the fine must be doubled. A 15-day jail term may also be imposed. The Motor Vehicle Commission will also assess 2 motor vehicle points and the driver's insurance company will assess 2 insurance eligibility points.

Finally, depending upon the driver's history, a conviction for either of these offenses may cause the MVC to begin a proceeding to suspend the driver's license. Consequently, steps should be taken to try to resolve the matter in a way that avoids or minimizes this risk. See: License Suspension.

The Law Office of Allan Marain is a recognized criminal defense firm in central New Jersey assisting drivers facing traffic charges. Our attorneys are proficient and committed advocates who will use their decades of experience to achieve the best result possible in your case.

The information provided above concerning failure to signal and improper passing is not legal advice, nor is it intended to suggest a particular outcome in a specific case. Legal advice regarding your case can only be gained by consulting with an attorney.

Contact a New Jersey traffic ticket attorney for experienced and professional representation if you have been charged with failure to signal or improper passing.