Ticket Question... No Flames Please
#1
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I just got back from a drive and was pulled over in the state of New Jersey for violation 39:4-85, improper passing. I will admit, and I am not whining, that I did pass someone in the center lane of a three lane highway, but I have my reasons.
First, there was a Chevy Suburban doing 50 MPH in the far left lane. Second, there were vehicles traveling well below the speed limit in the far right lane. Third, there was a box delivery truck/van that came out of the far right lane to the center lane and passed the suburban on the right in the center lane. I was behind the Suburban in the far left lane not tailgating and I did not flash him the high beams even though he was traveling less than the posted speed limit. I saw the truck pass on the right and waited paused for a short while and then passed the Suburban on the right. I moved back to the left lane and saw a policeman merging on to the highway and slowed back down and moved to the center lane where upon the Suburban passed me back on the left and the truck moved to the right and passed me. The cruiser at this point lit me up where upon I pulled over immediately.
During the whole ordeal I checked my speedometer frequently. The Chevy Suburban was doing approximately 48-50 mph in the left lane. I sped up to pass on the right to an indicated speed of 66 mph. I saw the officer and slowed to 55 mph, the posted speed limit. The time was about dusk so I had my lights on and of course the top down.
Is this ticket worth disputing, or should I just suck it up as I know I passed someone on the right? The penalty is $78 and 4 points, which translates into $$ for insurance. Just curious.
First, there was a Chevy Suburban doing 50 MPH in the far left lane. Second, there were vehicles traveling well below the speed limit in the far right lane. Third, there was a box delivery truck/van that came out of the far right lane to the center lane and passed the suburban on the right in the center lane. I was behind the Suburban in the far left lane not tailgating and I did not flash him the high beams even though he was traveling less than the posted speed limit. I saw the truck pass on the right and waited paused for a short while and then passed the Suburban on the right. I moved back to the left lane and saw a policeman merging on to the highway and slowed back down and moved to the center lane where upon the Suburban passed me back on the left and the truck moved to the right and passed me. The cruiser at this point lit me up where upon I pulled over immediately.
During the whole ordeal I checked my speedometer frequently. The Chevy Suburban was doing approximately 48-50 mph in the left lane. I sped up to pass on the right to an indicated speed of 66 mph. I saw the officer and slowed to 55 mph, the posted speed limit. The time was about dusk so I had my lights on and of course the top down.
Is this ticket worth disputing, or should I just suck it up as I know I passed someone on the right? The penalty is $78 and 4 points, which translates into $$ for insurance. Just curious.
#2
Are they that stiff on the passing on the right law there?
Holy crap, you cannot even get around this town with out passing some slow jerk on the right. Most of the time its faster to stay all the way in the right lane here.
Any way, now that's out of the way, I would fight it, I have fought every ticket Ive gotten and only lost and had to pay full price for the ticket and take full points twice out of about eight tickets.
Half the time the cop never shows to court, unless its an accident. They have to provide witnesses also. (the cop counts as a witness against you) Just my .02 Cents.
Holy crap, you cannot even get around this town with out passing some slow jerk on the right. Most of the time its faster to stay all the way in the right lane here.
Any way, now that's out of the way, I would fight it, I have fought every ticket Ive gotten and only lost and had to pay full price for the ticket and take full points twice out of about eight tickets.
Half the time the cop never shows to court, unless its an accident. They have to provide witnesses also. (the cop counts as a witness against you) Just my .02 Cents.
#3
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Thanks, I will most likely fight it. I just don't know how to approach it as I did pass the guy on the right. I agree, you can't get around without passing on the right. If you "flash" someone you get a summons for road rage or some such thing. What are you supposed to do?
#5
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Registered User
BTW, this happened in Ramsey, NJ, so if any of you Jersey folks know anyone there that can help, let me know.
I know that you have to pay to play, and I am willing to do so, but this seems a tad chickensh** to me.
I know that you have to pay to play, and I am willing to do so, but this seems a tad chickensh** to me.
#6
Pass only when safe
In most cases you pass on the left. You may pass on the right on roads with more than one lane going in the same direction if vehicles on the roadway are moving in two or more substantially continuous lines, or when the driver ahead is making a left turn and there is room to pass. Do not pass on the right shoulder of the road. This is against the law. Some important rules about passing are listed below.
This is a quote from the New Jersey DOT. Here's the link: http://www.state.nj.us/mvs/dm99/99ch4a.htm#Passing
Did you get written up for passing on the right?
In most cases you pass on the left. You may pass on the right on roads with more than one lane going in the same direction if vehicles on the roadway are moving in two or more substantially continuous lines, or when the driver ahead is making a left turn and there is room to pass. Do not pass on the right shoulder of the road. This is against the law. Some important rules about passing are listed below.
This is a quote from the New Jersey DOT. Here's the link: http://www.state.nj.us/mvs/dm99/99ch4a.htm#Passing
Did you get written up for passing on the right?
#7
Thread Starter
Registered User
Thanks scooby2. I think I will print this out and take it to court. I realize that I was doing at most 66 mph in a 55 mph zone, but the officer did not cite me for this, plus I only sped up to pass safely. I felt the pass was warranted and safe and I hope a judge agrees with me (fat chance). I really think this deserves my court date in October. Thanks again.
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#8
I'll throw in my $.02...
First off, that is just crazy. I see so many people pass on the right it's just amazing to me. I wouldn't call it a pet peeve, but it's something I notice especially when I see police cruisers do it (which they do often). Now, things might be different in Jersey.
I would go to court. Like it was said previously, you will probably get a reduction if not a dismissal just for showing up. Also, I know you're just setting the circumsatnces here, but DO NOT admit in the court to anything else you might have done (i.e. sped up to 65). Sounds simple, but you wouldn't believe the number of people that incriminate themselves by opening their mouths. Just say what needs to be said - no more, no less.
Dave
First off, that is just crazy. I see so many people pass on the right it's just amazing to me. I wouldn't call it a pet peeve, but it's something I notice especially when I see police cruisers do it (which they do often). Now, things might be different in Jersey.
I would go to court. Like it was said previously, you will probably get a reduction if not a dismissal just for showing up. Also, I know you're just setting the circumsatnces here, but DO NOT admit in the court to anything else you might have done (i.e. sped up to 65). Sounds simple, but you wouldn't believe the number of people that incriminate themselves by opening their mouths. Just say what needs to be said - no more, no less.
Dave
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