39:4-215 (failure to obey signs...)

What is the name of your state? NJ
I was pulled over by a cop last week for failing to stop completely at a STOP sign before taking a right turn (I slowed down, looked over the street, saw no nearby vehicles and turned right slowly). He booked me under 39:4-215 (failure to obey sign) and told me that this violation does not get reported to DMV or insurance. I believe that there's no points on this violation. But knowing the insurance guys, they may get hold of the information from DMV and use it even if there are no points (the back of the ticket says that all records except for parking are sent to DMV). So can someone guide me as to whether this kind of violation actually gets into DMV records or does it just stay with the court? I am open to spending some money to ensure no record goes to DMV.

Is it ok if I just mail the fine and forget it, or do I have to go to court to ensure the report doesn't go to DMV?

Thanks
wiseseer

wiseseer said:

What is the name of your state? NJ
I was pulled over by a cop last week for failing to stop completely at a STOP sign before taking a right turn (I slowed down, looked over the street, saw no nearby vehicles and turned right slowly). He booked me under 39:4-215 (failure to obey sign) and told me that this violation does not get reported to DMV or insurance. I believe that there's no points on this violation. But knowing the insurance guys, they may get hold of the information from DMV and use it even if there are no points (the back of the ticket says that all records except for parking are sent to DMV). So can someone guide me as to whether this kind of violation actually gets into DMV records or does it just stay with the court? I am open to spending some money to ensure no record goes to DMV.

Is it ok if I just mail the fine and forget it, or do I have to go to court to ensure the report doesn't go to DMV?

Thanks
wiseseer

Click to expand...

Was the police officer holding the stop sign? Or I could be misinterpreting.

39:4-215. Failure to obey signals, signs or directions
Any person who fails to obey the directions of a police officer or fails to obey the directional signals or signs provided hereunder shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for ten days in jail, or both.

L.1950, c. 70, p. 129, s. 3.

Otherwise, I believe you should have been cited for this:

39:4-144. Stopping or yielding right of way before entering stop or yield intersections
No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "stop" sign unless he has first brought his vehicle or street car to a complete stop at a point within 5 feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "yield right of way" sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, he is otherwise directed to proceed by a traffic or police officer or traffic control signal, or as provided in section 39:4-145 of this Title.

Amended by L.1956, c. 107, p. 486, s. 5; L.1958, c. 114, p. 588, s. 4.

....and if that's the case:

39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs-
Fine or imprisonment not exceeding 15 days, or both $50-$200
2 DMV points and 2 car insurance points

Will it appear on DMV records?

Happy Trials, Thanks for the info!
No, the police officer wasn't holding the sign. It was a normal STOP sign post. The officer happened to be nearby and noticed it. There was no immediate danger in what I did (no vehicle in immediate vicinity), so it was more of a technicality. My main question is, does a 39:14-215 violation like this get reported to DMV (the police officer told me that it does not get reported but the back of the ticket says that all offences excluding parking gets reported to DMV)?

Thanks.

wiseseer said:

Happy Trials, Thanks for the info!
No, the police officer wasn't holding the sign. It was a normal STOP sign post. The officer happened to be nearby and noticed it. There was no immediate danger in what I did (no vehicle in immediate vicinity), so it was more of a technicality. My main question is, does a 39:14-215 violation like this get reported to DMV (the police officer told me that it does not get reported but the back of the ticket says that all offences excluding parking gets reported to DMV)?

Thanks.

Click to expand...

Okay, I searched many sites and I haven't found where that citation issued any points. So maybe the police officer is correct.

http://www.state.nj.us/mvc/cit_violations/d_vp_pnf.html#NJSA
http://www.njlaws.com/traffic_minimum_penalties.htm
http://njlawman.com/Legal Research/MV.htm#39:3-29_License,_registration_certificate_and_insurance_identification_card;_possession;_exhibit_upon_request;_violations;_fine;_defense.

This site may have useful info. for you:
http://www.judiciary.state.nj.us/atswep/njmcdirectmain

Even though the code violation I listed in the other post seems to be the one you should have gotten, perhaps the officer gave you that one to avoid the points etc. Sorry that is the best I can do.

I was given the same statute

Hi wiseseer,
Did you get any points on your record? I was booked under the same statute when turning at a signal that had just turned yellow.
Thanks,

njsa 39:4-215

New Jersey 39:4-215 failure to obey signals is the violation that you can sometimes squeeze out of a very sympathetic prosecutor after you go to court and sweat bullets the night of court. You were lucky enough to get a police officer who cited you with that violation. You will NOT get motor vehicle points and almost definitely will not get anything from the insurance company either. The fine is certainly not worth worrying about. You should be all . The police officer did you a big favor. Don't screw it up by going to court. Write a check and send it in way before the court date.
PS - I've been a NJ atty for over 30 years with most of them spent in NJ municipal courts.

Don't post to 3 year old threads...start your own.