Improper Passing on the Right Lawyer New Jersey — What Are Your Defenses?
An improper passing on the right ticket in New Jersey is a moving violation under N.J.S.A. 39:4-85, carrying fines, points, and potential insurance increases. Law Offices Of SRIS, P.C. provides defense for these charges. A conviction adds 2 points to your New Jersey driving record. Contact an improper passing on the right lawyer New Jersey for a case review.
New Jersey Law on Improper Passing on the Right
New Jersey statute N.J.S.A. 39:4-85 specifically governs passing on the right. The law permits passing on the right only under certain, limited conditions, such as when the roadway is wide enough for two lines of traffic or on a one-way street. Illegal or improper passing on the right often occurs when a driver uses a shoulder, bicycle lane, or otherwise leaves the paved portion of the roadway to overtake another vehicle. This violation is a primary offense, meaning an officer can stop you solely for this action.
Last verified: March 2026 | New Jersey Municipal Courts | New Jersey Legislature
Official Legal Resources
For the exact statutory language, refer to N.J.S.A. 39:4-85 (official New Jersey Legislature site). Court procedures and filing information can be found at the New Jersey Courts website.
Local Court Process for a NJ Traffic Ticket
Your case will be heard in the Municipal Court of the municipality where the alleged violation occurred. The process typically begins with you receiving a ticket (summons). You must decide to plead guilty and pay the fine or plead not guilty and request a court date. At trial, the officer must prove you violated the statute beyond a reasonable doubt.
- Review the ticket for the court date and municipality.
- Decide on your plea (guilty or not guilty).
- If pleading not guilty, contact the court or hire a lawyer to request a trial date.
- Gather any evidence, such as dashcam footage or witness information.
- Attend your pre-trial conference or trial with your attorney.
- Receive the court’s verdict and handle any resulting penalties.
Penalties for Improper Passing on the Right in New Jersey
In New Jersey, a conviction for improper passing on the right under N.J.S.A. 39:4-85 carries a fine, court costs, and 2 motor vehicle points on your license.
| Offense | Classification | Fine | License Points | Other Consequences |
|---|---|---|---|---|
| Improper Passing on the Right | Moving Violation | $50-$200 + court costs | 2 points | Potential insurance surcharge |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience in Traffic Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to traffic cases. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Our tagline, “Advocacy Without Borders,” reflects our commitment to client defense. We understand how points and fines impact New Jersey drivers.
Documented Case Results
Our attorneys have secured favorable outcomes in traffic and related matters. For example, we have successfully had charges like reckless driving dismissed or reduced to non-moving violations in various jurisdictions. While results are specific to each case, our approach focuses on challenging the officer’s observation and the necessity of the maneuver.
Results may vary. Prior results do not aim for a similar outcome.
Improper Passing on the Right Lawyer Near Me New Jersey
If you are searching for an improper passing on the right lawyer near me New Jersey, our firm consults on cases statewide. We offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
Is improper passing on the right a point violation in NJ?
Yes. A conviction for improper passing on the right in New Jersey adds 2 points to your driving record. These points accumulate and can lead to license suspension and mandatory surcharges.
Can I fight an improper passing on the right ticket?
Yes. Common defenses include arguing the pass was made under a lawful exception in the statute, challenging the officer’s view of the incident, or demonstrating a safety necessity. An affordable improper passing on the right lawyer New Jersey can evaluate the specific facts of your stop.
What is the fine for passing on the right in NJ?
The base fine ranges from $50 to $200, but with mandatory court costs added by the municipality, the total amount you pay will be higher. The exact total is set by the local court where you received the ticket.
Will my insurance go up for this ticket?
It depends. New Jersey insurers regularly check driving records. A 2-point moving violation like improper passing can trigger a rate increase at your next policy renewal, as it indicates higher risk to the insurer.
Should I just pay the ticket to avoid court?
No. Paying the ticket is an automatic guilty plea. It convicts you of the points and violation. You should always consult with an improper passing on the right lawyer New Jersey first to understand your options for potentially avoiding points.