In New Jersey, statute number 39:4-88B is also known as an unsafe lane change, or failure to observe traffic lanes. Unsafe lane changes have to do with roads separated by clear lane markers. When clear markers designate which lane is which, drivers are responsible for ensuring they change lanes only when there is ample free space to do so. Generally, vehicles are normally driven in the lane nearest the right-hand edge of the curb when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
When a person receives their driver’s license, they are trusted to operate a vehicle safely. There are many different actions that can be considered dangerous driving, such as unsafe lane changes. This is a common traffic violation that is seen on the roads in the state of New Jersey. It is defined under NJSA 39:4-88 as the following:
In addition to this, when a highway is divided into several lanes, a vehicle shall not be driven in the left lane except when overtaking or passing another vehicle, while preparing to make a left turn, or if the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.
Drivers who violate the rules of the road, such as engaging in unsafe lane changes, can face certain penalties as a result of their actions. This can include the following:
It is important not to underestimate the severity of unsafe lane change charges. In many cases, points on your license can cause your insurance premiums to skyrocket, especially if you already had points prior to the offense. This means that you will be paying for this offense for years down the road. It is worth knowing that this offense carries no jail term and is not a crime, so a conviction will not give you a criminal record or an arrest to disclose. The lasting cost is financial and administrative rather than criminal. What’s more, if you already have a certain amount of points on your license, a 2-point violation could be all it takes to push you over the edge and have your license suspended. This is every motorist’s worst nightmare, as a license suspension can prevent you from going to work, seeing your friends, and more.
N.J.S.A. 39:4-88 is not a single rule. It contains several subsections, and an officer writing a summons for this statute can be alleging any one of them. The summons itself may only say 39:4-88, so identifying the specific subsection is often the first thing your attorney will do.
This requires that a vehicle normally be driven in the lane nearest the right-hand edge or curb when that lane is available, except when overtaking or preparing for a left turn. A driver cruising in a left lane without passing can be cited under this subsection even if the lane change itself was executed safely.
This is the subsection most people mean by unsafe lane change, and it is the provision quoted above. The State must show the driver moved out of the lane before determining the movement could be made safely.
On a three-lane highway, the center lane is restricted to overtaking, preparing for a left turn, or travel where the lane has been allocated and signposted for that direction.
Because each subsection requires proof of different facts, a charge brought under the wrong one is a defense worth raising.
When a driver is charged with several traffic violations, it is possible for them to lose their driver’s license entirely. This revokes their privilege to operate a vehicle. While a judge is not required to suspend a driver’s license if they are found to be guilty of an unsafe lane change, they can do so at their own discretion if they believe a more severe penalty should be imposed. This may be the case if the driver committed the offense knowingly, thus injuring another person in the process.
A conviction of a moving violation charge under NJSA 39:4-88 often depends on the testimony of the police officer who issued the ticket, in addition to the driver’s testimony. When dealing with situations such as these, there is a chance that a skilled traffic ticket attorney can work to negotiate an agreement with the prosecutor to reduce the violation against the driver. This can possibly result in a violation that carries no points against their driving record, thus avoiding an increase in insurance premiums as well. It is because of this that it is important for individuals facing these situations to retain the services of an attorney who can help minimize these charges and the impact they have on their future.
That being said, you should not fear–our firm is skilled in combating unfair and unwarranted traffic violations on behalf of our clients, which is why we know we are the right firm for you. No matter the traffic offense, we will faithfully represent your rights, every step of the way to have your charges mitigated, or, in some cases, dropped altogether. If you are facing a New Jersey traffic violation, you must not hesitate to contact the Law Office of Carl Spector today. We are here to help.
