Legal Question in Traffic Law in New Jersey

NJ 39:4-123 Improper Left Turn ticket was recieved by my wife. She was coming out of a bank and attempting to make a left turn (crossing the double yellow lines on the road). She was involved in an accident.

Question: She never made the left turn and did not even cross the double yellow lines. After the accident, she reversed and went back into the bank exit waiting in the car for the cops to arrive. The cop gave her the ticket just because she was involved in the accident. The whole road is a business road with double yellow line and the cops normally do not issue tickets for this as many of them do this to go about using the businesses on the road.

Since she did NOT actually make the turn, can we ask for a dismissal on this ground? The turn did NOT happen..period.

Please advise.

Thank you

Asked on 10/16/12, 7:38 am

2 Answers from Attorneys

Larry Raiken Larry S Raiken LLC
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My suggestion is to retain an attorney and obtain a copy of the police report.tickets are not easy to have dismissed but possibly with the help of me as your attorney we can plea bargain this case. Please call my office to set up an appointment.

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10/16/12, 7:55 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices
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The issue is not that she never made the left turn, from the officer's perspective she attempted the left turn (which he believes was improper) and she got into an accident. The fact that she never made the left turn is not really a defense. It is obvious that she never completed the left turn because she got into the accident. One question may be is whether a left turn is even permitted there. The Officer obviously did not see the accident, he or she is just making an assessment of what happened. The Court will not dismiss it just because she never actually completed the turn. If your wife feels that she did nothing wrong she can go to trial. The prosecutor will most likely offer you a plea to a no point offense but she does not have to accept it. If she chooses a trial they will need to produce the other driver. hope this i.nfo helps. Please feel free to call with any questions (201)-342-5030

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10/19/12, 8:25 am

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