Did I Run A Red Light (N.J.S.A. 39:4-105) or Fail to Observe a Traffic Signal (N.J.S.A. 39:4-81) in New Jersey?
The Traffic Signal Was Yellow When I Entered the Intersection.
It has happened to all of us. You’re in a hurry, the traffic signal is yellow, and you think you can make it. Suddenly, just as you are either approaching the intersection, or passing through the intersection, the light turns red.
Did you technically run a red light?
A ticket in violation of N.J.S.A. 39:4-81 (failure to observe traffic signal) is very similar to one for N.J.S.A. 39:4-105 (failure to stop for traffic light) and police officers typically write for either one of these violations when a driver runs a red light in New Jersey.
The penalties for running a red light in violation of N.J.S.A. 39:4-105 or for failing to observe a traffic signal in violation of N.J.S.A. 39:4-81 are actually quite serious and could end up costing you a great deal. Thus, it is important to be aware of these consequences and to hire an experienced traffic attorney to fight the ticket.
Numerous factors can affect our driving skills as we age. Elderly drivers, for example, may experience declines in hearing, vision, memory, and reaction time, thereby hindering their ability to safely operator a vehicle. In order to evaluate drivers who might be unsafe, the New Jersey MVC has a Medical Fitness Review Unit. The Medical Fitness Review Unit is in charge of performing medical evaluations in order to determine if a driver is safe to operate a motor vehicle.
The medical fitness review process can be complex. Although this process is conducted on a case-by-case basis, the following information provide a general overview of the process. Read more
In July of 2013, New Jersey’s cell phone statute, N.J.S.A. 39:7-97.3, was revised to provide for increased penalties, including a fine of between $200.00 and $400.00 for a first offense, a fine of between $400.00 and $600.00 for a second offense, and a fine of between $600.00 and $800.00 for a third offense. In addition, for a third or subsequent offense, the court can assess three motor vehicle points and suspend your license for up to 90 days.
The cell phone statute does contain a “step down” provision. Pursuant to the statute, if a second cell phone offense occurs more than ten years after a first cell phone violation, for sentencing purposes, the court must treat the second conviction as a first offense. Likewise, if a third violation occurs more than ten years after a second violation, the court must treat the third conviction as a second offense. Read more
Effective July 1, 2014, revisions to New Jersey’s cell phone law, N.J.S.A. 39:4-97.3, will result in enhanced penalties for cell phone tickets. These enhanced penalties include increased fines, the imposition of motor vehicle points, and possible driving privilege suspensions.
The increased penalties are the result of information demonstrating that driver distractions were a major factor in 1.4 million motor vehicle accidents in New Jersey from 2004 through 2013. Driver distraction represented about half of all crashes that occurred during that time period. Read more
Clients often inquire as to whether or not any previous out-of-state DWI convictions or other alcohol-related traffic violations will effect their New Jersey DWI matter. A previous out-of-state alcohol-related traffic offense can indeed affect the penalties that will be imposed in your current New Jersey DWI case. This is because the DWI penalties in New Jersey increase with each subsequent DWI conviction. Due to the Interstate Driver’s License Compact (IDLC) a New Jersey court can count an out-of-state conviction as a prior conviction for sentencing purposes if the statute under which they were convicted of having violated is considered to be of a “substantially similar nature” to a DWI in New Jersey. N.J.S.A. 39:5D-4(2)(c). Read more
In order to expungement a felony conviction in New Jersey, an individual must not have been convicted of any “prior or subsequent crimes.” What this means, in effect, is that a person cannot expunge a felony conviction if they have more than one felony conviction on their record. While it is clear that individuals who have been convicted and/or sentenced for multiple felonies on multiple dates are not eligible for an expungement, questions remain. For example, what about individuals who have multiple felony convictions, but were sentenced on the same date? Similarly, what about individuals who have been convicted for felonies that occurred within a relatively close of time to each other (often referred to as a “crime spree”). Read more
In response to the increase in the number of teenagers that have committed suffering as a result of online harassment and bullying, several states have passed laws criminalizing cyber-harassment, cyber-bullying, and cyber-stalking. New Jersey has long advocated for anti-bullying and anti-harassment laws. Just recently, in fact, New Jersey passed the State’s first law that criminalizes cyber-harassment to address this increasing problem. The new law passed both houses of the New Jersey legislature unanimously and, on January 21, 2014, was signed into law by Chris Christie. Read more