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  1. #1
    Join Date
    Dec 2016
    Posts
    8

    Default Improper Passing in New Jersey, NJSA 39:4.86

    My question involves a traffic ticket from the state of: new jersey
    I got a improper passing ticket for passing a vehicle on the right side when he was about to turn left. After driving a block and making 2 rights, I pulled into a parking lot and parked to go home when he flashed his lights and stopped me from getting out of my car. Doing a Google search I found that I'm allowed to pass on the right if a vehicle is making or is about to make a left on a 2 lane street. More research shows me that I can request audio and video from the cop. If this is true how do I do this ? What rights do I have to see all the evidence against me? The officer actually admitted the car made a left but made it seem like I passed him 20 ft before he made a left, which is actually an entrance to a shopping center. The car signaled left and moved to the left and I safely passed it on the right. Do officers make notes and can I see these notes? I went to the police station and asked the lutenient if I have rights to a written report and he said no.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,482

    Default Re: New Jersey 39:4.86

    There's no right to "see all evidence against you." You have the right to confront witnesses against you. But only in criminal cases. You get discovery by serving the request against the county or municipal prosecutor, but in traffic cases you're likely out of luck.

    You're understanding of the law is not complete however. You may pass the car turning left only if you can do so without travelling off the "pavement or main travelled part of the roadway." This means using the shoulder (paved or otherwise) or places where cars would park or driveways to make the pass is illegal.

    However, there is one question. 38:4-86 (note the hyphen not the period) doesn't cover passing on the right. It's the law that covers passing on the LEFT (and when you're not allowed to do that). It is 38:4-85 that covers passing on the right violations. Which were you really charged with?

    Well, that appears what you are charged with. Who knows what the officer will be saying in court.

  3. #3
    Join Date
    Dec 2016
    Posts
    8

    Default Re: New Jersey 39:4.86

    I am charged with 39:4-86 and you are correct, it says nothing about passing on the right side which i did do, and I did not drive off of the road. I safely stayed on the street while the car I passes hugged the left side with his blinker on.

    Does anyone have any advice? The ticket seems to be for passing on the left when I safely passed on the right while the car was making a left. The cop was parked in a bank parking lot while the bank was closed. I can not get any points or my licence will be suspended.

    One of the questions I have is about 38:4-85. Is this a law or a ticket? I'm confused. If I was to bring up those numbers in court will I look like an idiot or will I be saying that the law 38:4-85 says I'm allowed to pass on the right in this situation

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