First Offence new Jersey

What is the name of your state? New Jersey I was stopped by officer for improper passing. Driving behind a driver who was driving so slow and was apparently being observed by police. As soon as on coming lane was clear and free of traffic I made my move to pass only to be stopped by officer. Going to court soon and am nervious about points. What to do?

Did the officer say why your passing was improper?

Zoike said:

What is the name of your state? New Jersey I was stopped by officer for improper passing. Driving behind a driver who was driving so slow and was apparently being observed by police. As soon as on coming lane was clear and free of traffic I made my move to pass only to be stopped by officer. Going to court soon and am nervious about points. What to do?

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Officer did not specify.

Zoike said:

What is the name of your state? New Jersey I was stopped by officer for improper passing. Driving behind a driver who was driving so slow and was apparently being observed by police. As soon as on coming lane was clear and free of traffic I made my move to pass only to be stopped by officer. Going to court soon and am nervious about points. What to do?

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**A: why would you do such a thing knowing police were behind you?

Zoike said:

Officer did not specify.

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Do you think your passing was proper? (to answer, first look up the definition in statute you have on the ticket, post it here for reference)

I don't feel my passing was improper since there was no oncoming traffic. There is no statute cited or quoted.

HomeGuru said:

**A: why would you do such a thing knowing police were behind you?

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Didn't know that police were observing. After stopping me officer told me they were observing other vehicle.

They had to give you the ticket for some reason..did you break the speed limit when you passed or were there lane markings prohibiting passing. In my state (Mi) also near to Ind. the repective states statutes (laws) are available on the states website. They are actually organized quite well and one can usually find traffic laws without actually having the statute #. If you did nothing wrong...go to court and contest the ticket.

Zoike said:

I don't feel my passing was improper since there was no oncoming traffic. There is no statute cited or quoted.

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It's got to be somewhere on a ticket, look one more time for numbers with letters, under "violation" or "offense". This is the key to your defense.

sukharev said:

It's got to be somewhere on a ticket, look one more time for numbers with letters, under "violation" or "offense". This is the key to your defense.

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Traffice offense 4-85 improper passing. Thanks.

OK, now look it up on the web, post it here together with your own assessment if it matches what you did or not.

New Jersey Statute 39:4-85 Illegal Passing

For your information :
39:4-85. Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.