Legal Question in Traffic Law in New Jersey

39:4-115 vs 39:4-123

Hi.

I recently made a left turn at an intersection with a (poorly) posted ''No Turns'' sign and was cited for 39:4-123, which is clearly the wrong statute.

When I go to court, can I be re-charged with the proper offense or is this small technicality my get out of jail free card? Is my only exploit here to acutally get to trial (and win) so I can't be charged twice?

Thanks!


Asked on 4/06/09, 6:21 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: 39:4-115 vs 39:4-123

Within the first thirty days after the kind of offense with which you are charged a new summons can issue or a summons already issued can be amended to read the correct charge. When the prosecutor sees the summons for the very first time in court, he may move to amend the charge set forth in the summons.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/06/09, 7:20 pm


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