Legal Question in Traffic Law in New Jersey

Hello,

After reading your article you seemed to be very knowledgeable so I'd figured I'd pose my question to you. I was recently involved in a motor vehicle accident in NJ. On a two lane road I started to pass two cars that were driving 10-15 mph under the speed limit (40mph), it was perfectly within my rights being the the center line was broken. i have since looked up the laws on passing and confirmed this. However the second vehicle that I was attempting to pass turned left in front of me. He did not use his turn signal until just before he started his turn instead of the required 100 ft. I am being charged with wreck less driving. I can not find a law to clarify with certainty who would be at fault. My questions would be as follows:

In a designated passing area/lane how many vehicles are you allowed to pass?

When making a left turn on a two lane road is it the drivers responsibility to ensure it is safe to turn?

Who has greater responsibility? The driver passing or the driver turning?

Any thoughts on the matter would be greatly appreciated.


Asked on 10/29/13, 1:41 pm

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

I think you left some points out of your narrative. How did accident occur. If one of the cars made a left turn away from you and the other car, did you collide with the other car while you were attempting to pass? You did not say this but am I to presume that a police officer wrote you the Reckless Driving ticket which carries 5 motor vehicle points. Was the officer present when this was going on or did he show up after the accident and make his or her own assessment of what occurred. Attempting to pass two vehicles at once is not the safest maneuver. Usually you can pass a vehicle making a left hand turn but you need to exercise caution when you attempt to pass any vehicle. A vehicle can make a left turn on a 2 lane roadway as long as there is no sign prohibiting such a turn. A left turn is more difficult generally to make and the driver attempting such a turn needs to exercise due caution towards on coming traffic. The Driver passing the vehicle attempting that turn needs to exercise equal caution. However to better answer your question I would need more specific information on how the accident occurred. You do not talk about that. If you choose to fight the ticket it would make sense to speak to the prosecutor to see if he would offer a downgrade to something that carries less points. I would be happy to discuss it further but I need more information of what ultimately happened. (201) 342 5030 any thoughts on what you think motivated the officer to issue you ticket? If you fill in the story I would be happy to provide you with a more complete response. Take care

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Answered on 10/30/13, 9:12 pm


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