Driving TICKET!! What is considered "PASSING" another car in NJ?? (insurance) - New Jersey - City-Data Forum

Ducati · 03-10-2009, 02:40 PM

A friend got a ticket for improper passing 39:4-85. Apparently, my friend was sitting behind an SUV that stopped at a stop sign. Near the intersection, the street was wide enough for two cars. The SUV appeared to be making a left or proceeding straight since it was in the middle of the road (two-way non-double yellow street) without the turning lamps on. My friend came upon the right side of the SUV and wanted to turn right. He wasn't trying to pass the SUV. He just wanted to make the right turn. The SUV was just sitting at the intersection and not doing anything. My friend's car never went beyond the doors of the SUV. He couldn't. The SUV was so far into the intersection that it was blocking his view of oncoming traffice from the left side. Then all of a sudden, the SUV started to turn right and sideswiped my friend. My friend didn't think the SUV was going to hit him because they were close to each other. The cops came and filled out an accident report. My friend also didn't think that the cops were gonna issue a ticket for Improper Passing - 39:4-85 because the cop didn't say anything about it. Apparently, if your front bumper crosses the rear bumper, that's passing. There's no such explanation of "passing" in the NJ motor vehicle law 39:1-1. My friend said he never crossed beyond the front doors of the vehicle. The accident erronesouly reported that my friend was trying to pass when he was just trying to turn right.

I guess my question is: What is considered passing another vehicle? More specifically, at what point is it considered passing?

(The cop told my friend that he won't appear; the accident report should suffice)

THANKS!!!

proudmama · 03-10-2009, 04:45 PM

same thing happened to me a few years ago. the van in from of me bared right as if he was going to make a right turn, i proceeded to move along side of him to make a left, the van all of a sudden made a sharp left and hit my car. When the cop arrived, with the position of the car, it was clear that the van was in the right heading left and i was on his left side. But when the cop wrote up the report, it appeared that i was in the wrong.

I would say, fight it, definately fight the ticket, you need to get it on the record to avoid your insurance going up.

Ducati · 03-11-2009, 07:52 AM

did you beat the ticket? how? is it normal for the cops to not show up in court?

dmccauley · 03-12-2009, 08:53 AM

IMO the road must have been a single lane. Just because there is enough space to the right side its not considered a lane. Did it have a white solid line? The other vehicle should have had their blinker on though.

proudmama · 03-12-2009, 02:41 PM

Quote:

Originally Posted by Ducati

did you beat the ticket? how? is it normal for the cops to not show up in court?

I didn't get one. The cop was too lazy to write up the report correctly. I went to the station and spoke with him in front of his supervisor, the supervisor pulled him to the side, he had to write a second report but with my comments. So there are two reports for the same accident.

k101608 · 03-12-2009, 02:51 PM

Quote:

Originally Posted by Ducati

did you beat the ticket? how? is it normal for the cops to not show up in court?

FIGHT THAT TICKET!!!
A cop can't tell you he wouldn't show. He has to show... The court will actually shedule your court date for when the cop is working so he could show up to court.

Cop has to show if he doesn't you win your case for him not showing.

revelated · 09-09-2009, 07:49 AM

Can't speak about New Jersey...but the scenario explained leads me to believe two things.

1: If it was a single lane then technically your friend did not have the right of way to make the right turn. It's called "single" lane for a reason.

2: If there was not a broken white line to the right, that should indicate that you are not authorized to make a 'soft turn' that way.

It sounds like your friend figured that since there was enough space between their car and the SUV that it was appropriate to make the turn. That's not always true. The road markings will tell you what is and isn't appropriate. I'm not justifying the ticket - I say fight it simply because it was not explained, written up or signed off on in their presence (may not be a NJ requirement). But I don't find that your friend made the right call. Just based on what's written here anyway.

LisaMc46 · 09-09-2009, 09:29 AM

If it was a single lane, your friend would be wrong to try to pass. If there was a right-hand turning lane it would be a different story.

Sounds like the SUV driver was lost or daydreaming. A better move would have been for your friend to honk his horn (one time is plenty) to wake him up.

Unless you are a mind-reader their is no way to tell for sure if the car in front of you is going to turn or go straight. Some drivers don't always use their turn signals, even though this is illegal.

sholden · 09-09-2009, 09:37 AM

If there aren't lane markings for two lanes then your friend was illegally passing. The other guy wasn't using his indicators but that doesn't negate the passing. And of course proving your friend passed is a slam dunk due to the collision, proving the indicator wasn't on is he said/she said...