We have all been stuck in a sea of traffic before. It is then that the thought of driving along the shoulder to scurry by the masses crosses our mind. For those of us who pursue this thought, you may find yourself in a precarious position if a police officer witnesses your actions and pulls you over. The most fitting traffic ticket for this type of moving violation is Improper Passing, pursuant to N.J.S.A. 39:4-84, N.J.S.A. 39:4-85, or N.J.S.A. 39:4-86. In fact, this exact type of situation happened to a client of mine just recently. I advised him that he was subject to a a four (4) point ticket for improper passing, and that with his current driving record, he would be subject to yearly surcharges, courtesy of the Motor Vehicle Commission, should he plead guilty to the offense.

If you or someone you love were pulled over for Improper Passing in New Jersey and charged with N.J.S.A. 39:4-86, contact the Law Offices of Jonathan F. Marshall today at (877) 450-8301. Our criminal and traffic ticket attorneys are available 24/7 to consult with you on your pending charges or tickets. Remember, the initial consultation is always provided free of charge.

Four (4) Point Ticket Reduced to Zero Points

As mentioned above, I recently assisted a client who was charged with Improper Passing in Monmouth County. The individual passed a few cars on the right-hand shoulder during a traffic jam. My client had built-up a less-than-ideal driving record and this new four (4) point ticket carried with it yearly MVC surcharges, as well as a potential administrative suspension down the road. Accordingly, it was imperative that I help him to reduce this four point ticket to a zero point ticket. Thankfully, through concerted negotiations with the prosecutor and consultation with the Municipal Judge, I was able to work out a plea bargain, whereby my client would not have to worry about any points being assessed to his driving record.

Improper Passing Law New Jersey

N.J.S.A. 39:4-84. Passing to right when proceeding in opposite directions

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the available traveled portion of the highway as nearly as possible.


N.J.S.A. 39:4-85 Passing to left when overtaking; passing when in lines; passing upon right:

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.


N.J.S.A. 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.