Legal Question in Traffic Law in New Jersey

Failure to keep right

I rec. a moving violation statute no:39:4-82 (Failure to keep right). As I left my daughter's H.S. School parking lot I turned into the left lane as oppose to the right. I notice this about 50 ft down where the area is somewhat lighter & when I saw another vehicle highlights (the ticking officer - my luck) in the same lane further down. The area was dark, & the yellow marking on the road were faded. I was driving about 20 miles. The area is also a rural area which I normally don't drive at night & thus not very familiar. The office followed me a bit then turned on his lights. I told the office I was was careless and that I didn't realize it at first. He gave me a ticket and said to be more careful. Personally, I don't drive at night in that area since the darkness makes it somewhat confusing, I was tired and I just found out my aunt was hospitalized and needs dialysis so my mind was not exactly where it was suppose to be. I feel awful. This is my first moving violation. I just want to pay the fine & not try to get the 2 points removed. I'm not even sure how to approach the court on this one. In addition, the office has the wrong time on the summons, he has 1 p.m., when municipal court begans at 7:30 p.m. Any advice?


Asked on 4/03/04, 12:05 am

4 Answers from Attorneys
John Pinho John Pinho

Re: Failure to keep right

The first thing that you should do is write the Municipal Court and plea not guilty. The second thing is to contact an attorney for a free consultation to explore the possible defenses and options you have. With your driving record, I am sure that the prosecutor and police officer will be willing to amend the ticket to a non point ticket. Our office provides free consultations on municipal court matters. Our offices are located in Harrison (Hudson County) and the Ironbound Section of Newark (Essex County).

John M. Pinho

www.DaSilvaPinho.com

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Answered on 4/03/04, 12:32 pm

Re: Failure to keep right

Let me save you some money and out your mind at ease a bit...

Call to assure you have the right time and date for the hearing. Then send in a letter pleading "not guilty". Go to DMV and get a certified copy of your driving transcript. Go to court. Speak with the prosecutor, showing him your transcript, and asking him to amend the charge to a 4:97-2 - Unsafe driving, a no points offence. Ask for a minimum fine, because of your good driving record. You will probably be fined about $150 + $30 court costs, but it's better than points.

THis will almost certainly work in your case. If by chance he does not want to amend the ticket, ask for 2 weeks to get an attorney. By the way, those with attorneys get go go first, because they are paying extra for an atty, and if the couert didn't do that, all attys would have to chare more (more time = more $$$). I do have clients who hire an atty just to get out of court quicker.

Good luck.

Kevin J. Begley

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Answered on 4/06/04, 11:00 am
John Ducey Law Offices of John G. Ducey, PC

Re: Failure to keep right

I have gone to municipal court in many towns in New Jersey. I have experience in dealing with traffic tickets including failure to keep right. I believe that with your driving record a plea deal could be reached with the prosecutor. If you wish to discuss your options with me, it would be a free consultation. Please call my office 732-286-2170, we are open on weekends and weekdays.

John

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Answered on 4/03/04, 1:08 am
Gary Moore Gary Moore Attorney At Law

Re: Failure to keep right

Call the court to resolve the conflict in times given for the court appearance. Go to court and plead guilty at the scheduled time and on the scheduled date if that is your desire. If you would like the services of an attorney you can call my office and speak with me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 4/03/04, 2:57 am


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