Improper Passing (4 Points) | N.J.S.A. 39:4–86

Newark Improper Passing Ticket Lawyer

In the New Jersey Motor Vehicle Code (Title 39 of the N.J.S.A.), there are few tickets as damaging to a driver’s record as Improper Passing. What may seem like a very minor offense is actually on the books as a four (4) point violation, meaning that even with a perfect driving record, the points will remain on a person’s license for a minimum of two years. Improper Passing, therefore, can be very costly in terms of increased insurance costs, and will bring many people over the 12-point limit for a Persistent Violator suspension by the New Jersey Motor Vehicle Commission.

Penalties for Improper Passing in New Jersey Cities

Improper Passing on NJ Turnpike

Image courtesy Ben Harwood

Improper passing under N.J.S.A. 39:4-86 is punishable by a $50 to $200 fine, or imprisonment not exceeding 15 days, or both. However, jail time is extremely unlikely for an Improper Passing ticket unless the ticket is for extremely egregious and willful conduct, like if it is coupled with Reckless DrivingSpeeding at more than 30 miles per hour over the limit or an accident involving serious injury or death. These fines are enhanced when the “improper passing” takes place in designated “safe corridors” and/or “construction zones”. A person’s license may also be suspended, both by the NJ Motor Vehicle Commission (accumulation of too many points) and by the judge due to the alleged conduct that led to the ticket.

In many circumstances, a skilled and experienced traffic ticket attorney can reduce Improper Passing tickets to something that entails less, or even no points on a motor vehicle driver’s abstract.*

* Circumstances are different in every case, and the best way to determine what can be done would be to contact a traffic ticket attorney at the Law Offices of Jonathan F. Marshall at 1 (877) 450-8301 for a free, no-obligation consultation.

What is the Law for Improper Passing (4 points) Under N.J.S.A. 39:4-86?

39:4-86. Improper passing in a no passing zone

Overtaking and passing vehicles; crossing “No Passing” lines

The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be made in safety.

The driver of a vehicle shall not drive to the left of the center of a highway in order to overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed within a distance of five hundred feet.

Except when otherwise directed by a duly constituted traffic or police officer or when the lane in which he is operating is obstructed and impassable, the driver of a vehicle shall not cross an appropriately marked “No Passing” line in a “No Passing” zone duly established pursuant to a duly promulgated regulation of the State Highway Commissioner or an ordinance or resolution duly adopted by a municipal governing body or a board of chosen freeholders, whichever has jurisdiction over the highway.

Amended by L.1948, c. 170, p. 912, s. 3; L.1951, c. 23, p. 82, s. 46.