New Jersey Passing on the Right Lawyer - NJ Improper Passing Attorney

Improper Passing - Passing on Right NJSA 39:4-85

Improper passing is governed by NJSA 39:4-85 which requires that when overtaking a vehicle a driver must go around to the left and not come back into the original lane until it is safe to do so to insure that the overtaken vehicle is not cut off.  

 

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NEW JERSEY PASSNG ON THE RIGHT TICKET LAWYER

 

STEVEN P. LOMBARDI, ESQ. 

 

PHONE  973-921-2860

 

The Statute provides:

 

NJSA 39:4-85.  Passing to left when overtaking;  passing when in lines; signaling to pass;  passing upon right   

 

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.

 

Most of these tickets are issued when the vehicle is witnessed to go into the shoulder and pass a vehicle on the right or frequently a line of vehicles in traffic.  A ticket for this violation will result in Four Motor Vehicle Points.   The fine is in a range of $50 to $200