Legal Question in Traffic Law in New Jersey

I made what I would consider to be a 3pt turn (k-turn) on 43rd Street between Berganline and New York Ave's in Union City NJ, which was actually me pulling into an open driveway, (making sure both directions were clear while using all necessary turn signals), and backing out to position myself in the opposite direction. A police officer witnessed this and pulled me over and issued me a ticket for an "improper u-turn". After reviewing 39:4-125, I don't believe I broke any laws here. If I pay the fine and move on, is that automatically a 3 pt violation? I think I should plead not guilty, I feel I have a valid argument but don't want to waste my time or the courts. Do I have a leg to stand on?


Asked on 9/17/09, 12:02 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I will assume that you were charged with violationg 39:4-125.

39:4-125. Turning on curve, grade or place where view obstructed or State highway marked with "no U turn" sign

Turning on curve, grade or place where view obstructed or State highway marked with "no U turn" sign. The driver of a vehicle shall not turn such vehicle around so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade or at any place upon a highway as defined in R.S. 39:1-1 where the view of such vehicle is obstructed within a distance of five hundred feet along the highway in either direction; and no such vehicle shall be turned around so as to proceed in the opposite direction on a highway which shall be conspicuously marked with signs stating "no U turn".

You argue that you did not break this law. Is the road curved? Crest of a grade? was this a 'highway' as defined, with the view obstructed within 500 feet? no U turn sign? the prosecutor has to prove that you broke this law.

No lawyer can guarantee results in a situation like this. But it does seem that you are sure that you did not violate any of the restrictions in this statute.

a good lawyer may help. Call me if you like. And yes, if convicted, you get hit with the motor vehicle points plus the fine from the Court.

Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 9/22/09, 12:13 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Yes it sounds like you have good issues and a case on this issue just came out a few months ago that explains the law in more detail. A good attorney should know it or be able to quickly find it. Going alone in court may or may not get you very far. Getting an attorney will probably increase your chance of getting a result.

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Answered on 9/22/09, 1:08 pm


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