Legal Question in Traffic Law in New Jersey

I was recently hit with a 39:4-66.2 (Driving on private property to avoid a traffic signal or a stop sign) traffic violation and I am looking for legal advice on this matter and perhaps legal representation.

What happened is the following. There is a two lane road in my town with one side that comes off the highway and the other lane which gives access to the same highway (Route 46 West) which also puts you onto the beginning of the Little Ferry bridge.

On the side that comes off route 46 there is a gas station. On the side which puts you back on route 46 heading west there is another gas station. I was traveling on the side which puts you back onto route 46 heading west wishing to stop at the gas station. Now I typically make a left into the gas station on the other side of the road but this requires me to cross the double line separating the two lanes so I decided just to stay on my side of the road and make a right into the gas station.

Right after the gas station there is a stop sign before you end up getting onto route 46 and then the Little Ferry bridge. At the point in time before I received the ticket there were about ten cars waiting to get to the stop sign with a cop ahead with his lights on. Probably when I was about five cars from the stop sign I pulled into the gas station wanting to get gas but there were just too many cars in the lot so I decided to leave and to try and get gas at another place so I subsequently exited the station getting onto route 46 west and over the bridge because that is the only way to go.

So what happens? I get this hard on pulling along side my car yelling at me through his window asking me if I want a ticket with him ending up giving me an over due inspection ticket for a two day lapse.

My point is this 1.) My intention was to get fuel for my car not cut through to avoid a stop sign or traffic signal. 2.) My car came to a complete stop because I sat at the pump for about ten seconds when I finally decided that it was going to end up taking way too long to get gas.


Asked on 8/03/10, 8:24 pm

2 Answers from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

You have two options, go to the Court and speak to the prosecutor to see if he is willing or if he or she can do anything to reduce the fine or downgrade one of the tickets. (I believe that you received two correct). The second option is to attend Court and go to trial if you cannot work it out and tell the Judge your side of the situation, The Court will decide if you are guilty or not. If you wish to discuss it I would be happy to speak with you about it, I never charge a fee to speak with someone. (201)-894-9498

Read more
Answered on 8/09/10, 6:21 am
Robert Davies The Davies Law Firm, P.A.

I have read your story, and you can either try to talk to the Prosecutor (who will probably discuss it with the police officer) and try to get the charge dismissed or reduced, or you can go to trial and the Judge will decide the case. Let me know if you want a lawyer to defend you, I am in Hackensack, and I have been doing traffic ticket cases for many years. 201-820-3460.

Read more
Answered on 8/09/10, 6:36 am


Related Questions & Answers

More Traffic Law questions and answers in New Jersey