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floridagirl11, Lawyer
Category: Traffic Law
Satisfied Customers: 6536
Experience:  Traffic Lawyer
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Statute No. 39: 4- 886 Unsafe lane change ticket will not

Customer Question

Statute No. 39: 4- 886 Unsafe lane change ticket will not result in any points on my license? It is a first violation of such and a first violation in NJ state. Also how come it shows a court number in a back to call? Does it mean that a monetary penalty is high and therefore it wasnt showing amount due on a ticket itself?
Submitted: 8 years ago.
Category: Traffic Law
Expert:  floridagirl11 replied 8 years ago.


This is a moving violation and there are two points assessed if you are adjudicated guilty. As far as the number being on the back, they have to provide that to you in case you want to challenge the ticket. A driver can have up to three points subtracted from their driver's record if they are good drivers. A driver can have up to three points removed from their driver's record, if they have no ticket for 12 consecutive months. A driver can never have their point total reduced below zero. A driver can also have two points removed from his record if he completes a MVS Driver Improvement Program. These programs are only offered to problem drivers. Please click ACCEPT so I can get credit for helping you. We can continue our conversation after this at no additional charge. Thanks!

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Expert:  floridagirl11 replied 8 years ago.


I noticed in your title you were also looking for the amount of the fine. The amount varies and that is another reason the amount was not put on the ticket. the statutory language reads: 39:4-88 Failure to drive properly in marked lanes-Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points. You are to call the number on the back of the ticket to find out the amount. You can also use the number in case you would like to challenge the ticket. You might as well try because if the officer does not show up, you just ask the judge to dismiss your case and he has to. I would say the officers do not show up about 75% of the time--so you have a good shot! If the officer does show up, you can ask the judge to withhold adjudication and if he does, you will not get any points on your license or insurance.

Customer: replied 8 years ago.
Ohh wow thank you for your time. Do you think it would be a good idea to show at the court in uniform (Army ACU's) Hehe?
Expert:  floridagirl11 replied 8 years ago.
Absolutely! Clever... :)
Customer: replied 8 years ago.
Unfortunately, this did not work as smooth as i was told by many people. I was told that you walk in, talk to prosecutor ahead of time, he gives you an offer where either you pay less money and keep the points or you pay more money but save yourself from any addition points on your lisence. If in any case i was to say no i want to please not guilty, they will make sure you know that it may cost even more money to do so because of the lawyer, judge and other fees. Besides, if you dont defend yourself (against the word of a police officer, whoi in their case is more trustworthy) properly then higher then the original ticket charges may apply. I weighted the situation and i end up taking no point and higher monetary penalty and bascially pleaded guilty. :(
Oh and uniform didnt help other then getting me out of there as quick as possible. I was called to the stand first before anybody. Oh and occasional cops on duty saying who in the H*LL gave me the ticket, or how messed up it is....blah blah.....overall i am disapointed and helpless. :(
Did i do anything wrong here? Did i have a better option? So far no points sound good, but NJ law requires point reduction to be automatically fined with $230 fee + the original offense value. So total damages are $419.00. :((