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Old 12-12-2013, 02:28 PM
 
4 posts, read 10,075 times
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Hi, I don't know if this is the right place to post this, or even the right forum, but Google led me to this site. I am going to be fighting an improper passing ticket tonight (actually only pleading guilty/not guilty) and I would like to ask if there is any advice anyone can give me to fight it. I took pictures of the double yellow lines and noticed that they are cracked in multiple spots. When looking at a NJ pavinlg markings, I noticed that the Department of Transportation words double yellow lines as

"No Passing Zones and Edge Lines is a two-way marking with no-passing zones. A two-lane roadway is shown with centerline markings of (from the top to the bottom of the figure): a single broken yellow line; a solid yellow line adjacent to the left lane and a broken yellow line adjacent to the right lane; a double solid yellow line; a broken yellow line adjacent to the left lane and a solid yellow line adjacent to the right lane; and a single broken yellow line. In the middle of the figure, each section of solid yellow line, this overlaps in the section having a double solid yellow line. A solid white line is marked on the outside edge of each lane. Arrows show that the direction of travel is one lane in each direction."

I am thinking about attempting to use the wording that the DoT uses in order to help my ticket, considering the unmaintained road (picture below) shows a cracked, interrupted pattern which obviously is not completely solid.

To clarify, I was driving the opposite direction (the side with the crappy side)
http://i.imgur.com/yxXLF2i.jpg

Thank you,

-Curb

Last edited by Curb; 12-12-2013 at 02:43 PM..
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Old 12-12-2013, 02:41 PM
 
Location: Central Jersey - Florida
3,377 posts, read 14,576,250 times
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[quote=Curb;32588188]Hi, I don't know if this is the right place to post this, or even the right forum, but Google led me to this site. I am going to be fighting an improper passing ticket tonight (actually only pleading guilty/not guilty) and I would like to ask if there is any advice anyone can give me to fight it. I took pictures of the double yellow lines and noticed that they are cracked in multiple spots. When looking at a NJ pavinlg markings, I noticed that the Department of Transportation words double yellow lines as

"No Passing Zones and Edge Lines is a two-way marking with no-passing zones. A two-lane roadway is shown with centerline markings of (from the top to the bottom of the figure): a single broken yellow line; a solid yellow line adjacent to the left lane and a broken yellow line adjacent to the right lane; a double solid yellow line; a broken yellow line adjacent to the left lane and a solid yellow line adjacent to the right lane; and a single broken yellow line. In the middle of the figure, each section of solid yellow line, this overlaps in the section having a double solid yellow line. A solid white line is marked on the outside edge of each lane. Arrows show that the direction of travel is one lane in each direction."

I am thinking about attempting to use the wording that the DoT uses in order to help my ticket, considering the unmaintained road (picture below) shows a cracked, interrupted pattern which obviously is not completely solid.

Looks like a double yellow to me. More power to you if you get a prosecutor and judge to buy it. Obviously if the opposite side of the road that you are traveling on was designed to be a permitted passing zone, the yellow line on that side would be broken for the length of the roadway that would be legal to pass in.
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Old 12-12-2013, 02:44 PM
 
4 posts, read 10,075 times
Reputation: 10
[quote=exhdo1;32588370]
Quote:
Originally Posted by Curb View Post
Hi, I don't know if this is the right place to post this, or even the right forum, but Google led me to this site. I am going to be fighting an improper passing ticket tonight (actually only pleading guilty/not guilty) and I would like to ask if there is any advice anyone can give me to fight it. I took pictures of the double yellow lines and noticed that they are cracked in multiple spots. When looking at a NJ pavinlg markings, I noticed that the Department of Transportation words double yellow lines as

"No Passing Zones and Edge Lines is a two-way marking with no-passing zones. A two-lane roadway is shown with centerline markings of (from the top to the bottom of the figure): a single broken yellow line; a solid yellow line adjacent to the left lane and a broken yellow line adjacent to the right lane; a double solid yellow line; a broken yellow line adjacent to the left lane and a solid yellow line adjacent to the right lane; and a single broken yellow line. In the middle of the figure, each section of solid yellow line, this overlaps in the section having a double solid yellow line. A solid white line is marked on the outside edge of each lane. Arrows show that the direction of travel is one lane in each direction."

I am thinking about attempting to use the wording that the DoT uses in order to help my ticket, considering the unmaintained road (picture below) shows a cracked, interrupted pattern which obviously is not completely solid.

Looks like a double yellow to me. More power to you if you get a prosecutor and judge to buy it. Obviously if the opposite side of the road that you are traveling on was designed to be a permitted passing zone, the yellow line on that side would be broken for the length of the roadway that would be legal to pass in.
I was driving on the opposit e side, the side with the cracked yellow line. It is meant to be a double yellow line.
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Old 12-12-2013, 02:57 PM
 
19,039 posts, read 25,127,039 times
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Quote:
Originally Posted by Curb View Post
I was driving on the opposit e side, the side with the cracked yellow line. It is meant to be a double yellow line.
Even with the cracking of the pavement, I think that it is still fairly evident that it is a double yellow line.
As was already said, if you can get the prosecutor and the judge to agree with your argument, that would be nice for you, but I think that your argument is somewhat far-fetched.

Good luck...

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Old 12-12-2013, 03:21 PM
 
Location: Randolph, NJ
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You are better off just pleading for a deal and not trying a total BS argument which may leave you with no deal.

Can you say with a straight face that you were actually confused????
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Old 12-12-2013, 03:32 PM
 
4 posts, read 10,075 times
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Quote:
Originally Posted by Retriever View Post
Even with the cracking of the pavement, I think that it is still fairly evident that it is a double yellow line.
As was already said, if you can get the prosecutor and the judge to agree with your argument, that would be nice for you, but I think that your argument is somewhat far-fetched.

Good luck...

Agreed. Thank you.

Quote:
Originally Posted by HalfFull View Post
You are better off just pleading for a deal and not trying a total BS argument which may leave you with no deal.

Can you say with a straight face that you were actually confused????
Hahaha that's true. I just know I'm going to get a really bad deal because I received a speeding ticket (15-19 over) as well.
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Old 12-12-2013, 05:49 PM
 
Location: NJ & NV
5,767 posts, read 16,502,890 times
Reputation: 2470
Speeding too? Tell them you where not even moving but standing still. Standing still in one place and the Earth was rolling under you. I did that in speaking with a court prostitutor, he just knocked down whatever ticket I had to the lowest category after chuckling. it all depends on their mood.

Actually since you have 2 tickets ask if you plead the speed down to the lowest category, I think it's under 14 mph, if they could drop the other tick.
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Old 12-12-2013, 06:14 PM
 
19,039 posts, read 25,127,039 times
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Quote:
Originally Posted by Curb View Post
I just know I'm going to get a really bad deal because I received a speeding ticket (15-19 over) as well.
Have you considered the benefit for your soul of actually acknowledging responsibility for your own actions, rather than trying to deflect blame?

The judge may be so surprised to find somebody with an adult-like sense of personal responsibility, that he/she may actually be less harsh than he/she would be if you attempt to use an adolescent-like defense.

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Old 12-12-2013, 07:06 PM
 
Location: NJ
17,574 posts, read 45,983,675 times
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If I was a judge and someone tried that excuse I would revoke their license on grounds they are not smart enough to be driving.
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Old 12-12-2013, 08:49 PM
 
4 posts, read 10,075 times
Reputation: 10
Quote:
Originally Posted by Retriever View Post
Have you considered the benefit for your soul of actually acknowledging responsibility for your own actions, rather than trying to deflect blame?

The judge may be so surprised to find somebody with an adult-like sense of personal responsibility, that he/she may actually be less harsh than he/she would be if you attempt to use an adolescent-like defense.

Traffic violations are practically a part of life.
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