39:4-88 Traffic on marked lanes Metuchen Edison Central Jersey

39:4-88  Traffic on marked lanes.

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 three 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:

(1)when and to the extent necessary to prepare for a left turn; a truck may be driven in the farthest left lane for up to one mile to prepare for a left hand turn as authorized under this paragraph;

(2)when necessary to enter or leave such roadway by entrance or exit to or from the left lane; a truck may be driven in the farthest left lane for up to one mile to prepare to enter or leave the roadway as authorized under this paragraph;

(3)when reasonably necessary in response to emergency conditions; for the purposes of this paragraph, "emergency conditions" shall include, but not be limited to: poor visibility, snow, accidents, or the presence of emergency vehicles.

Handicapped Parking Ticket

NEW JERSEY HANDICAPPED PARKING LAWS
-Prohibit parking motor vehicles in handicapped spaces without a special vehicle identification card; mandate initial and subsequent fines of $250 each and up to 90 days of community services (C.39:4-197.(3)c).
- Authorize municipalities to establish handicapped spaces in front of residences, schools, hospitals, public buildings, and in shopping and business districts (C.39:4-197.5).
Municipalities may establish accessible spaces in front of residences, schools, hospitals, public buildings, and in shopping and business districts. (C.39:4-197.5)
- Municipalities may establish accessible parking zones in front of residences occupied by people with disabilities, unless such parking interferes with the normal flow of traffic. (C.39:4-197.6)
-Enable enforcement officers to enforce handicapped parking laws on both public and private property (C.39:4-138.o).
-Authorize municipalities to set up parking enforcement units that concentrate on shopping centers and malls (C.39.4-197.9).
- Authorize eligible people with disabilities to request law enforcement officers to arrange for the removal and storage of motor vehicles unlawfully parked in handicapped parking spaces or zones (C.39:4-207.7).Temporary Placards (see Fig. 3) can be granted for short-term mobility impairments. Written medical certification from a qualified practitioner is required. Temporary Placards are valid for six months, are renewable one time at the discretion of the issuing authority, and are issued by the chief of Police of each municipality. (C.39:4-206)
• Parking motor vehicles in accessible spaces without special vehicle identification is prohibited and punishable with an initial fine of $250 and subsequent fines of at least $250 and up to 90 days of community service. (C.39:4-197(3)c)
• Law enforcement officers may enforce accessible parking laws on both public and private property. (C.39:4-138.o)
• Municipalities may set up parking enforcement units that concentrate on shopping centers and malls. (C.39.4-197.9)
• Eligible individuals with a disability may request law enforcement officers to arrange for the removal and storage of motor vehicles unlawfully parked in accessible parking spaces or zones. (C.39:4- 207.7)
• Access to parking spaces, curb cuts, or other improvements designed to provide accessibility, shall be unobstructed. Owners or controllers of public parking areas must remove snow or ice from these areas within 24 hours after the weather condition causing the snow and/or ice ceases. Violation of this act is punishable with penalties of $500 to $1,000. (C.394:4-207.9)**
RKING IN NEW JERSEY
NJ Statutes outline the following:
• Every application for the issuance or renewal of a “person with a disability identification card”  required every three years, must include medical certification from a qualified practitioner that the qualifying disability continues to exist. (C.39:4-205)
• The “Person with a Disability Identification Card” must be in the vehicle or with the qualified person at all times as proof of disability. This card is for the sole use of the individual with a disability and is non—transferable. Abuse or misuse of this privilege will be cause for immediate revocation of the ID card, placard and plates and fines of at least $250.00. (C.39:4-205)
• Permanent Placards are required to be renewed every three years and will clearly display the date on which they shall become invalid. (C.39:4-206)

Speeding ticket defense in NJ

More info at http://www.njlaws.com/speeding_and_radar.htm
Kenneth Vercammen's Law office represents persons charged with speeding more than 15 miles over the speed limit an other serious traffic violations throughout New Jersey.

It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.

In every charge of a speeding violation, the complaint or summons must specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation.

A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed. The sign itself does not set the speed limit. There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law. There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense. Radar

Speed-measuring radar in various forms has been accepted since State v. Dantonio, l8 N.J. 570 (l955), where the N.J. Supreme Court held it is not essential that the court determine the precise speed at which the vehicle was being operated when the alleged offense occurred, and that the operator of the vehicle must be adjudged guilty if the evidence established, beyond a reasonable doubt, that the drive exceeded the statutory speed limit.

It is not necessary for the trial court to make a particular finding as to the precise speed in excess of the speed limit at which the defendant was traveling at the time of the violation. State v. Bookbinder, 82 N.J. Super. l79, l83 (App. Div. l964).

However, if the defendant is found guilty, the trial court should determine the quantum of excess was so many miles per hour in exercising its discretion as to the penalty to be imposed within the statutory limitation. The precise speed a motorist was traveling thus is material only on the question as to the penalty to be imposed, not on the question of guilt or innocence.

State v. Readding, l69 N.J. Super. 238 (Law Div. l978), restated the general rule that in order for the radar speedometer reading to be admissible into evidence, it should be established that: (l) the device is scientifically reliable; (2) the particular speedometer used in the case being tried is accurate; (3) the operator is qualified; and (4) the device was operated properly in the case being tried. How Radar Operates

In State v. Wojtkowiak, l70 N.J. Super. 44 (Law Div. l979), revd on other grounds, l74 N.J. Super. 460, Judge Wells examined in detail the K-55 Radar, and his conclusions were incorporated by the Appellate Division. This case should be read and reread for a detailed explanation of Radar by a Court.

The traffic radar method speed detection measurement depends upon the Doppler effect. Simply stated a radio wave which strikes a moving object is reflected from that object at different frequency from that of the incident wave. A radar which transmits waves and receives reflected waves can determine their frequency difference and calculate the speed of the object which produced the reflective wave.

Courts have accepted as scientifically reliable MPH Industries K-55 Traffic Radar -- the primary system employed for the purpose of measuring the speed of motor vehicles in New Jersey.

In State v. Wojtkowiak, l74 N.J. Super, 460 (App. Div. l980), the appeals court held in all future cases the state should adduce evidence at the municipal court level as to (l) the specific training and extent of experience of the officer operating the radar, (2) the calibration of the machine was checked by at least two external tuning forks both singly and in combination, and (3) the calibration of the speedometer of the patrol car in cases where the K-55 is operating in the moving mode.
Qualified Operator?

While it appeared to the court in State v. Wojtkowiak, Supra that the K-55 Radar is an accurate and reliable tool for the measurement of speed, its accuracy and reliability in any case are no better than the skill of the person operating the radar. Id. at l74. The court made this emphasis as a warning to all police departments that proper courses of instruction be developed before the K-55 Radar device is employed in any municipality.

A calibration check is accomplished with the use of two tuning forks and their accuracy must be the subject of the documentary proof. Use of the K-55 does not eliminate the need for such proof. State v. Wojtkowiak, l70 N.J. Super. at 50, n.l

KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
 (Fax)    732-572-0030
website: www.njlaws.com

Client testimonials

Client testimonials

When asked if they would use our firm again if they had another legal problem, our clients have said…

“I would absolutely consider your firm. I haven’t met with others yet, but to me your firm has set a high bar to measure others against. In terms of professionalism and providing all necessary information for me to make a decision in going with Kenneth.” – Mark Publico

“Yes, I would use your firm again.” – Prior client

“Hopefully I won’t have to handle any more legal problems in the near future but if I did, this my go-to firm!” – Prior client

“Yes, Mr. Vercammen, Esq., was very enthusiastic and confident about remediating my case. I am glad I selected a lawyer who is so ‘up-beat’ and personal.” – Prior Client

 When asked if they would recommend our firm to a friend, relative, or business associate who needed a lawyer, our clients have said…

“Yes, I would recommend your firm to a friend.” – Prior client

“It turned out better than expected. I can’t complain with the results.” – prior client

“Yes, I would definitely recommend you to someone in need of a good lawyer!” – Prior client

“Yes. I believe anyone would be impressed with the quality of services provided to them.” – Prior Client

 “Yes, I would highly recommend your firm.” – Virginia Beachum

Were you satisfied and other comments:

“Having a 4 point violation reduce to 0, for the money spent, satisfied my peace of mind.” – Mark Publico.

“Yes because no points were added to my driving record. Fine was very large, although I understand that there are legal guidelines from court out of your control.” Prior Client.

“Your firm met my expectations.” – Prior Client

“I was very satisfied with the service. Mr. Vercammen took the time to make sure I understand the process.” –Virginia Beachum

“Yes, I would use your firm again. I was impressed with the presentation of staff and Mr. K. Vercammen.” – Virginia Beachum

39:4-129(b) Leaving the scene property damage

39:4-129(b) Leaving the scene of

accident involving

damages to attended

vehicle or property

First offense: Fine or

imprisonment not exceeding 30

days, or both, and suspension of

driving privileges for six months

from date of conviction

$200 $400

plus 2 NJ MVC points

plus 2 car insurance points

Subsequent offense: Fine or

imprisonment not less than 30

days nor more than 90 days, or

both, and suspension of driving

privileges for 1 year from date of

conviction

$400 $600

39:4-129, 39:4-130 Leaving Scene of Accident and Failure to Report, Car Accident

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. There is mandatory 6 month loss of license for leaving the scene. Our goal as the attorney is to negotiate with the prosecutor to reduce down to a violation with no suspension.

39:4-129   Action in case of accident.

 39:4-129 . (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary.  Any person who shall violate this subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned for a period of 180 days, or both.  The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.

More info at http://www.njlaws.com/leaving_the_scene.html

In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.

(b)The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section.  Every such stop shall be made without obstructing traffic more than is necessary.  Any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $400 nor more than $600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.

In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.

(c)The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operators license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.

In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.

(d)The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.

(e)There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property has knowledge that he was involved in such accident.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.

There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

Amended 1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1; 2007, c.266, s.1.

39:4-130  Immediate notice of accident; written report.

  

39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the chief administrator to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances.  The chief administrator may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous.  The commission may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the commission, the original report is insufficient.  The reports shall be without prejudice, shall be for the information of the commission, and shall not be open to public inspection.  The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.

Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.

Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.

In those cases where a driver knowingly violates the provisions of this section by failing to make a written report of an accident, there shall be a permissive inference that the registered owner of the vehicle which was involved in that accident was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was the person involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.

Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.

Except as otherwise provided in this section, a person who knowingly violates this section shall be fined not less than $30 or more than $100.

The chief administrator may revoke or suspend the operators license privilege and registration privilege of a person who violates this section.

For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident. Copyright 2016 Vercammen Law