Careless Driving in NJ

What is the name of your state? New Jersey

I was in the third lane from the left, on a 4-lane one-way road.

I was stopped at a red light, and I was the first car in my lane at the stop line.

My left turn signal was on (although at this light all lanes proceed straight), and the driver of the vehicle to my left noticed my need to be in his lane in order to make a left turn a hundred feet ahead.

When the light turned green, I moved forward and changed into the second lane from the left, in front of the other driver. The driver had courteously hesitated at the green light to facilitate my lane change. In the diagram, notice the double white lines separating our lanes.

Because of this non-verbal communication, I believe the following statute does not describe the event:

39:4-97 Careless driving. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

Upon pulling me over, the officer said "You cut a guy off, and crossed double white lines to make a left turn from a stright-only lane."

I'm new to this board, but I've been lurking for some time now. You all seem very helpful and knowledgeable, and I look forward to your suggestions. I really need to get rid of this ticket if at all possible, because I just took the Defensive Driving course less than a year ago and the penalty for recieving a ticket within a year is a suspension of license :-(

http://personal.stevens.edu/~mforbes/ticket.jpg

Thanks,
Mike

EDIT: The X's mark the path I believe I took, although the officer's story is as if they were farther up... crossing the white lines. But I guess changing lanes in an intersection is just as bad as crossing a double solid white line? Actually... does improper lane changing of any sort really fall under "careless driving" in New Jersey?

Go to court with your diagram and fight it. It does appear, though, that you were crossing the double white lines. The lines usually aren't continued into the intersection. That would be too confusing.

Based on the letter of the law, the state is going to have trouble proving the careless driving charge. They should have brought an improper lane change charge if anything. It is not your job to correct them on that though. You job is to attack the charge that they have brought.

I believe the signage leading up to the transition to the turn lanes could be important here. NJ is notorious for improper or non-existent signage. If there was insufficient warning to the left turn lanes then the move is even more justifiable.

I don't see anything concrete prohibiting lane chages within interesctions for NJ...

WindyAruba said:

I don't see anything concrete prohibiting lane chages within interesctions for NJ...

Click to expand...

Where can I find the full text of such laws? Is it available online somewhere, a library, or do I need to pay some agency copying fees?

here's a link to the traffic code...

39:4-88. Traffic on marked lanes

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=198924773&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={DCB5}&softpage=Doc_Frame_PG42

Thanks for the link. Here's a little page I prepared, with 2 videos showing 3 separate people pulling a move similar to mine (changing lanes inappropriately). Picture 1 shows the signage leading up to the light, but as you can see the double solid lines start before the sign! That means that there is practically no time to get over to the left by the time you know where Rt 495 is. Also, you will notice that picture 12 shows the EXACT situation I was in (I was like the guy who has his own lane). Thanks everyone, keep the advice coming if there is anything else I can present to the prosecutor and judge.

http://personal.stevens.edu/~mforbes/sss/weehawken