Legal Question in Traffic Law in New Jersey
39:4-123
While visiting NJ, I was cited under 39:4-123 for an illegal left turn. The intersection where I turned was poorly posted - especially in comparison to other intersections on the same stretch of road where left turns were clearly prohibited and that I bypassed while looking for one where I could get turned.
I truly had no idea such a turn was not permitted where I finally did turn and I was astonished when I was pulled over. So stunned in fact that after the officers left, I went back to the intersection looking for the sign they claimed was posted there. In revisting the intersection in question, I found a sign, but I believe it does not come close to meeting the standards prescribed in ''The Manual on Uniform Traffic Control Devices For Streets and Highways'' issued by the US Dept. of Transportation/Federal Highway Administration. Would arguing that the sign at the intersection does not appear to meet federal uniform signage specifications even be worth arguring in a local court?
The facts are there WAS a sign and I DID make the turn... so my defense is simply that I only made said turn because I could not see the sign due to its poor construction...
8 Answers from Attorneys
Re: 39:4-123
It may be much easier to just hire an attorney and let him or her work out a great deal for you. Just a thought.
Re: 39:4-123
It may be much easier to just hire an attorney and let him or her work out a great deal for you. Just a thought.
Re: 39:4-123
It may be much easier to just hire an attorney and let him or her work out a great deal for you. Just a thought.
Re: 39:4-123
I have employed this approach in the past. However, these defenses are not always received with the full respect that one would anticipate. Like the other Gurus are saying, you need a legal consult. If nothing else, the defense may lead to a good plea bargain. A lawyer is recommended. Kudos on your research. I have had a pal who used this approach as well and I think he got a deal years ago. Also as Guru Gleaner notes approval of signs may be used. I found a whole town whose signals and signs had not been approved but you say this federal jurisdiction. Need more information to evaluate. Please feel free to call for a complimentary phone consult.
Re: 39:4-123
I have successffully used the federal traffic manual as a defense in fighting this kind of ticket. The other issue raised by some of the replies - checking whether the sign was approved by the state - has gotten more difficult to use since a recent change in the law gave towns more authority to place signs without state approval. Your chances of beating this are better with a lawyer. Call me if you would like to discuss it further at 877*688*3879.
Re: 39:4-123
You describe what sounds like a plausible defense.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: 39:4-123
You describe what sounds like a plausible defense.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: 39:4-123
The NJ Department of Transportation has an office where they keep records of all approved signs. I called there once and spoke with a very helpful gentlemen, discussed the particular sign I was dealing with for a client, and I got a letter from them telling me that the sign was not approved at that particular location. This was a number of years ago and I'm not sure they still have the same procedure. Perhaps this would be helpful in your defense.
Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Feel free to call me to discuss your matter in more detail. Good Luck! Rob Gleaner
Related Questions & Answers
-
Traffic volation My son received a ticket for driving while his license was... Asked 6/23/09, 10:00 am in United States New Jersey Traffic Law
-
Public Defender Should my son get a lawyer or would a public defender do the same... Asked 6/21/09, 11:46 pm in United States New Jersey Traffic Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
