39:4-88b in New Jersey

My wife was driving in the middle lane on a three lane highway. She turned the right turn signal on, after letting some cars through and noting that the remaining car in the right lane is far enough, turned into the right lane. The distance between the turning on the signal and the turn was more than 100feet. She then proceeded to turn into the driveway of a store. At that moment the car behind her crashed into the side of the road and the driver claimed that he was cut off. After the police officer arrived, my wife explained that she gave ample notice, and merged into the lane carefully. The police officer said that it doesn't matter how long the turn signal was on and gave her a ticket for unsafe change of lane; this seems wrong as in New Jersey, the other driver was supposed to slow down and give way to overtaking vehicle. The police officer refused to take a photograph of the scene and said that he has determined what happened (even though he was not witness to the accident and all the information came from the other driver) and he will not take a picture or draw a diagram. My wife's car was undamaged. Police officer seemed to not be that inquisitive since he didn't even ask my wife if she was speeding or using a cell phone (no and no).

We would like to dispute the ticket in court (the date is in two weeks). Any idea how much would the lawyer fees be? My wife took careful notes in the evening of the accident and she also drew the diagrams (she couldn't draw them to the police officer as he didn't care and wanted just yes/no answers not maybe).

this seems wrong as in New Jersey, the other driver was supposed to slow down and give way to overtaking vehicle.

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Please state the statute that says this.

(n.j.s.a. 39:4-87)

From http://www.state.nj.us/mvc/manuals/chap_05_07.html
When a motorist is passed by another vehicle, he/she must be careful. Stay in the proper lane and slow down to make the pass easier for the other motorist. Return to normal speed after the passing vehicle is well ahead (N.J.S.A. 39:4-87)

check_engine_1 said:

From http://www.state.nj.us/mvc/manuals/chap_05_07.html
When a motorist is passed by another vehicle, he/she must be careful. Stay in the proper lane and slow down to make the pass easier for the other motorist. Return to normal speed after the passing vehicle is well ahead (N.J.S.A. 39:4-87)

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Nice try, but that is not a law, but rather advice given in a drivers manual in relation to defensive driving. There is, in fact, NO law that requires one to slow down for somebody attempting to move over. It might be cruel of them to not let the other driver over, but again, no law requires it.

If you read the actual statute referenced in the page you cited, it, again, does not state the driver must slow down. It dictates that the driver being overtaken may not speed up, but does not imply a requirement for the driver to slow down.

Well it says "slow down" right there as well as listing the ticket citation you will get if you fail (and it is in regulations and not defensive driving part of the manual). In any case, my wife did make sure that there was enough space and did indicate the turn. The guy behind her most likely didn't pay attention when she slowed down to make the second turn out of his lane.

check_engine_1 said:

Well it says "slow down" right there as well as listing the ticket citation you will get if you fail (and it is in regulations and not defensive driving part of the manual). In any case, my wife did make sure that there was enough space and did indicate the turn. The guy behind her most likely didn't pay attention when she slowed down to make the second turn out of his lane.

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The actual statute does not mention slowing down, and unfortunately, regardless of how much of an idiot the other driver was, this statute places the blame on your wife. An local traffic attorney, who typically knows what the courts want to hear, will likely increase the odds of getting your wife some sort of plea bargain.