Ticket for Going 55mph in 65mph limit

[kimosavi]

What is the name of your state? NJ

Hi. We took a family trip to Atlantic City. On our way back, I was going in the right lane @55mph and the road was kind of bumpy, my mother (has osteosporosis) and my sister (pregnant) were visiting from outside the states and were not feeling good with all the bumps. I move to the left lane and keep my speed at a average of 55mph.

A cop was following me for about 2-3miles and suddenly he stopped me. He said I was going too slow in the left lane and I was "obstructing the traffic" and could cause an accident.

I tried to open my mouth and explain the reason I was going at this speed, but he did not listen to anything i was say, he keep only asking "why were you going so slow in the left lane?" same question like 3 times, but never listen to my answer or explanation.

Finally he ticketed we with "137 - failure to keep right" he also check "In Excess of speed limit by: 65 MPH ZONE", this list offense I did not understand, why was I was beeing ticketed by Excessing speed of 65 while I was going 55mph?? makes no sense and each reason contradicts the other.

He gave me no amount for the ticket, so I will have to call tomorrow the court and find out the amount for this ticket.

The court is too far away from home almost 3 hours and I don't asume I will be pull into court just be going in a safe speed to keep my mother and my sister safe.

Please advice on how to proceed?

TIA

 

[justalayman]

for the 137, pay it because you were going to slow in the left hand lane. Haven't checked NJ statutes butmany states simply make it illegal to be in the left hand lane unless passing. Others are very conerned with those driving slower than traffic while in the left hand lane since they are impeding traffic and cause accidents by bottlenecking traffic and it all bunches up behind them.

to the other one; no idea. Doesn't make sense to me either.

 

[kimosavi]

I am very greatful for your answer.

I understand by violation, I also understand it makes sense, but I was not aware of such law until today. It is hard for the American People to find out about laws like this with a ticket and not a warning. I felt frustrated that the cop did not even wanted to hear my case or explain my situation. He did not even noticed that 2-55 year old woman and a pregnant, to my best of knowledge they are my responsability and driving in the Garden State at night its very very dark and cars are driving in this highway over 70-80mph, and this is a fact. I was not going to put my family in danger or getting hit. What I understand I did wrong is I was doing this in the left lane, but was not awared of a law that prohibit driving slow in this lane.

He wrote in the ticket also: section 39:488. Looking in the web found that this section takes 2 points out of my license. is this correct? I don't mid much to pay the fine (even though I was unaware of the consecuenses).

So what I my looking at? fine amount? points in my ticket?

Will I be able to fight this case and at lease remove the points to my license?
Do I have to go to court and fight this case? can a lawyer come in my behalf and resolve the issue? (I am a consultant and travel all week coming back to NJ on fridays, So will be hard for me to attend court, specially in New Gretna, which is 3 hours from home)

Thanks again Justalayman for your quick response!

 

[Maestro64]

First what section of the vehicle code did he cite on the ticket.

Next, I believe the problem you got into was being in the left lane, if you were going 55 in the right line it probably was not a issue.

Again without knowing what section of the vehicle code it is hard to say were his reasons for the ticket.

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=65848182&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

You want to look at Title 39 that is the vehicle code, and there are regulations about yielding right away to vehicle in the left lane and various other things he could have written you up for.

 

[Maestro64]

I am very greatful for your answer.

I understand by violation, I also understand it makes sense, but I was not aware of such law until today. It is hard for the American People to find out about laws like this with a ticket and not a warning. I felt frustrated that the cop did not even wanted to hear my case or explain my situation. He did not even noticed that 2-55 year old woman and a pregnant, to my best of knowledge they are my responsability and driving in the Garden State at night its very very dark and cars are driving in this highway over 70-80mph, and this is a fact. I was not going to put my family in danger or getting hit. What I understand I did wrong is I was doing this in the left lane, but was not awared of a law that prohibit driving slow in this lane.

He wrote in the ticket also: section 39:488. Looking in the web found that this section takes 2 points out of my license. is this correct? I don't mid much to pay the fine (even though I was unaware of the consecuenses).

So what I my looking at? fine amount? points in my ticket?

Will I be able to fight this case and at lease remove the points to my license?
Do I have to go to court and fight this case? can a lawyer come in my behalf and resolve the issue? (I am a consultant and travel all week coming back to NJ on fridays, So will be hard for me to attend court, specially in New Gretna, which is 3 hours from home)

Thanks again Justalayman for your quick response!

I think he wrote you up for 39:4-88 which states

When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:

a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.

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.

c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.

d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are signposted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.

e. When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions.

Yeah it is hard to know all the rules but, you are required to read this to get your license in NJ, if you not from NJ your state have similar rules. most all state have very similar rules

http://www.state.nj.us/mvc/About/manuals.htm

If you have not read this you might want to.

On fighting the ticket, I am not sure what your defense would be, especially if he followed you for some distance. Even if you had people in the car who were not well and it required you to drive slow, you should have been in the right lane not left. You can hire a lawyer that is for sure and he might be able to plead the ticket down to something with no points and does require you or the lawyer to show up to contest the ticket.

 

[kimosavi]

Thanks Maestro64 for the reply.

In the ticket sections this is what he marked and wrote:

In excess of speed limit by: 65 mph zone (even though i was going 55mph)
Other Traffic/Parking Offense: 137 - Failure to keep right
Statute No. 39-488a /
no ordinance ocde

This are the only offenses maked by the cop.

What I am looking to know is:

1. fine amount? points in my ticket?

2. Will I be able to fight this case and at lease remove the points to my license?

3. Do I have to go to court and fight this case? can a lawyer come in my behalf and resolve the issue? (I am a consultant and travel all week coming back to NJ on fridays, So will be hard for me to attend court, specially in New Gretna, which is 3 hours from home)

Thanks in Advance!

 

[kimosavi]

I read the description of 39:4-88. I understand the law now that I read it, but when I took the driving test I did not see reference to this law.

What got me mad, is that I got this ticket and was not even given a warning on the matter. At the time I was not stopping the traffic since not much traffic was on the road, but the cop just wanted to state his point on the law. When I opened my mouth to explain or defend he was just set into what I did wrong, but never gave me change to tell him I did not know about it.

but, this is ok. I see this is the way to learn the law in this country or wait until something like this happens and go to the driving manual to learn all in details. I think there should be more information for motorist to learn more about big fine and point deduction offenses.

I thank the time and responses taken from your behalf to help me know and sort this issue.

 

[Robbie0723]

Many places I've driven have signs advising to stay right unless passing.

Enforcement is increasing in some areas since slow drivers in the left lane can be a trigger for road rage and other dangerous behavior.

In Europe the stay right rule (and no passing on the right) is strongly enforced and they have found it significantly improves the flow of traffic and reduces accidents.

The officer's responsibility is to enforce the law. I'm not familiar with NJ but your reasons and lack of knowledge may or may be considered by the Judge. An attorney has the best chance to minimize the damage.