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View Full Version : Failure to maintain lane? 39:4-88b


Rickyv90
07-12-2008, 04:32 PM
The other day driving home from work I was going around a bend and I literally slipped out of the lane into the shoulder lane like a ft. A cop was passing at the same time as they were passing I was watching them in my mirror and I see there break lights go on so I knew they were turning around. Now this next part was pretty stupid of me but didnt matter I gun it I hit 70mph in a 45 then I realized that one of these corners there going to see me and clock me and Ill be in more trouble. So I break and turn down a side road thats when they came around the corner. I realized I was screwed so I pulled over and just waited for them. They pull me over and long story short writes me a ticket for failure to maintain the lane. SO I have a few questions first the location they put being the dumbass state cop that they were it was atleast 2 miles down the road 2nd of all this happened in stafford twnshp she put eagleswood (next town over) n=and last this happened on the 8th and still isnt on the computer why not?

Eagle
07-12-2008, 09:55 PM
When you say "it still isn't on the computer" which computer are you referring to? Also, did you get a court date on the ticket?

Rickyv90
07-13-2008, 03:57 AM
Its not on NJMCdirect.com, Yes theres a court date its like 8/28 or something

Eagle
07-14-2008, 03:02 PM
Well, you can plead non guilty and fight the ticket. In court you would have to cross examine the cop to bring out the inconsistencies writen on the ticket versus what really happened. You can create reasonable doubt this way and maybe win the case. However, you may be better off talking to the prosecutor before court begins and see if he will let you plead guilty to a no-point offense. I believe 39:4-88b is a 2 point ticket.

MSan
07-23-2008, 11:23 AM
I just got a ticket for the same violation this morning ... 39:4-88B.

However, the officer did not check a box in the traffic offenses - title 39: area above. How much is the fine?

Eagle
07-23-2008, 01:57 PM
Minumum fine is $50 and maximum is $200. You should call the municipal court clerk in the town where the ticket was issued to get exact fine.

Take a look at this link: http://www.judiciary.state.nj.us/notices/reports/Minimumman2001sorted.pdf


Also, here is the point schedule:

New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway

27:23–29 Moving against traffic 2
27:23–29 Improper passing 4
27:23–29 Unlawful use of median strip 2

All roads and highways

39:3–20 Operating constructor vehicle in excess of 45 mph 3
39:4–14.3 Operating motorized bicycle on a restricted highway 2
39:4–14.3d More than one person on a motorized bicycle 2
39:4–35 Failure to yield to pedestrian in crosswalk 2
39:4–36 Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk 2
39:4– 41 Driving through safety zone 2
39:4–52 Racing on highway 5
39:4–55 Improper action or omission on grades and curves 2
39:4–57 Failure to observe direction of officer 2
39:4–66 Failure to stop vehicle before crossing sidewalk 2
39:4–66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
39:4–66.2 Driving on public or private property to avoid a traffic sign or signal 2
39:4–71 Operating a motor vehicle on a sidewalk 2
39:4–80 Failure to obey direction of officer 2
39:4–81 Failure to observe traffic signals 2
39:4–82 Failure to keep right 2
39:4–82.1 Improper operating of vehicle on divided highway or divider 2
39:4–83 Failure to keep right at intersection 2
39:4–84 Failure to pass to right of vehicle proceeding in opposite direction 5
39:4–85 Improper passing on right or off roadway 4
39:4–85.1 Wrong way on a one-way street 2
39:4–86 Improper passing in no passing zone 4
39:4–87 Failure to yield to overtaking vehicle 2
39:4–88 Failure to observe traffic lanes 2
39:4–89 Tailgating 5
39:4–90 Failure to yield at intersection 2
39:4–90.1 Failure to use proper entrances to limited access highways 2
39:4–91–92 Failure to yield to emergency vehicles 2
39:4–96 Reckless driving 5
39:4–97 Careless driving 2
39:4–97a Destruction of agricultural or recreational property 2
39:4–97.1 Slow speed blocking traffic 2
39:4–97.2 Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction) 4
39:4–98 Exceeding maximum speed 1-14 mph over limit 2
Exceeding maximum speed 15-29 mph over limit 4
Exceeding maximum speed 30 mph or more over limit 5
39:4–105 Failure to stop for traffic light 2
39:4–115 Improper turn at traffic light 3
39:4–119 Failure to stop at flashing red signal 2
39:4–122 Failure to stop for police whistle 2
39:4–123 Improper right or left turn 3
39:4–124 Improper turn from approved turning course 3
39:4–125 Improper u-turn 3
39:4–126 Failure to give proper signal 2
39:4–127 Improper backing or turning in street 2
39:4–127.1 Improper crossing of railroad grade crossing 2
39:4–127.2 Improper crossing of bridge 2
39:4–128 Improper crossing of railroad grade crossing by certain vehicles 2
39:4–128.1 Improper passing of school bus 5
39:4–128.4 Improper passing of frozen dessert truck 4
39:4–129 Leaving the scene of an accident –
no personal injury 2
Personal injury 8
39:4–144 Failure to observe stop or yield signs 2
39:5C–1 Racing on highway 5
39:5D–4 Moving violation committed out-of-state 2