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Improper Passing NJSA 39:4-85

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CL Fischer

Junior Member
What is the name of your state (only U.S. law)? NJ. My husband recently received a ticket in the mail for Improper Passing NJSA39:4-85. Not only was he not actually even pulled over, but he was not actually even the driver -- I'm assuming I (his wife) was since I had the car that day. The ticket didn't have a photo with it, just the date and "Rte 1".....hard to know exactly what I did. I plan to fight it since it's a 4pt offense and I haven't had a speeding or moving violation in twenty-some years. I called 3 times to get information and it wasn't even entered in their system for over 2 weeks. Even then, I couldn't get any details. I've plead not-guilty and am scheduled for traffic court tomorrow afternoon.

Questions: 1) Can "moving violations" be issued to the owner of the car without actually stopping and citing the driver? 2) If a summons is issued strictly by mail, shouldn't there be a photo or some evidence of the offense? 3) Is there any legal advice that you can suggest on how to proceed?

Thank you,
Laurie
 



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