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39:4-88b failure to maintain lane NJ

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jd254

Member
What is the name of your state? NJ

39:4-88b failure to maintain lane NJ, so... what is this ticket? I was driving my friend's car, I remember there was moderate traffic. I needed to be on the right lane to go straight, so I put my blinker on and waited for traffic to start moving so I can get into the right lane. The car to my right let me in, and I noticed a police officer jotting my plates down. I thought nothing of it until my friend received a ticket in the mail a week later. Did I do something wrong? It was a broken white line.
 


Hey There

Member
A start

5-20-08

39:4-88 ( b) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
2-points.

Go to Google and type in Discovery for traffic tickets.
Basically
The Request for Discovery should include
1. the name of the court
2.The people/State of (---------) vs(name of cited driver)defendant
3. Court Docket#, Citation#,Date issued,Name & badge # of citing officer.
Request for copies of the officer's notes, copies of the front and back of the ticket and any other evidence the officer plans to use
in court.
6.The person the ticket was issued to dates his request ,signs it, prints his name followed by his address and telephone number.
He makes two copies, one for the citing officer, one for the Prosecutor. He gives the copies to a friend who puts each copy into an envelope which he mails certified, return receipt and signs a proof of mailing for both items which he gives to the driver.

Best Regards,
Hey There
 

Maestro64

Member
Think about it this way, car can not get tickets car do not break laws, so the officer essentially wrote the car a ticket since he had no idea who was driving. He assumed the person who owned the car was in fact the person driving. This is the reason tickets must be issued to the person driving they have to know for a fact who was driving.

If you friend goes and fights this, the simple question to asks is how did the officer determined who was driving the car. When he say he looked it up in the DMV he asked for immediate dismissal due to the fact the witness is unreliable since he had no way to know who in fact was driving the car he simple guest. Be careful, the court may trick him into revealing who was driving, which again he is not necessarily required to disclose, it not your friends job to do the officer's work for him or is the judge or DA job to investigate and determine who was driving.

This assumes NJ does not have rules about that owner of the car is responsible for any infractions the car may be seen doing whether they are the driver or not and the owner is required to identify the correct person. Some state have these rules.

Personally I am not sure what discovery will do in this case it will definitely tell the other side your friend plans to contest this ticket and at that point it makes your friend look like he could have been the driver and anything he does at the hear might be seen as excuses.

I would focus on the fact that there is no way for the officer to correctly identify who was driving and this key to a ticket being issued.
 
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