Horn honking in traffic is not just a minor annoyance. In fact, in some cases, it can be considered the cause of an accident if it is distracting enough to another driver. But in other instances, you can receive a traffic ticket in New for failing to use your horn. So, how do you know when to use it and when to resist?
What Are Permissible Reasons to Honk?
If another vehicle is about to merge into your lane and strike your vehicle, you have the right to honk your horn. Likewise, if you are experiencing a mechanical malfunction that results in brake failure, you are completely within reason to alert anyone in your way that you are unable to stop to avoid hitting them.
On the other hand, you do not have the right to use your horn to let others know that you do not like their driving. For example, if someone follows you too closely and then speeds around you, you should not use your horn to let them know what you think of their maneuvers. Additionally, if you believe someone is driving too slowly, it is generally not considered a reason to use your horn.
What Are the Possible Charges Related to Horn Honking?
Although there are many people who drive aggressively and with one hand on the horn, not all police officers will cite a driver simply for blowing their horn. However, if the horn blowing becomes so excessive that it distracts other motorists and causes an accident, a driver could be cited for reckless or aggressive driving. The offense carries a possible sentence of up to 60 days in jail, five points on your driver’s license, and a fine between $50 and $200 for a first offense. Two or more offenses carry a fine between $100 and $500. Keep in mind that if you accumulate six or more points within three years, the New Jersey Motor Vehicle Commission (NJMVC) can also penalize you with a $150 a year surcharge for three years.
New Jersey also stipulates that an individual can be ticketed for careless driving instead of reckless driving. This blanket law can be applied to any circumstance that is not covered by other offenses and basically says a motorist was operating negligently in that they were not paying attention to driving, but focused instead on something else. The difference between reckless and careless driving is that an individual behaving recklessly is doing so intentionally, while careless drivers are considered to have a lack of attention. Considered the less severe of the two offenses, careless driving does not carry jail time, although it adds two points to your driver’s license, and carries a possible fine between $50 and $200.
One other lesser-known law that exists in New Jersey is that motorists are required to honk before passing or attempting to pass another vehicle heading in the same direction. While it is unlikely that a driver will be ticketed for this offense alone, it is possible that it could be a reason to be pulled over, questioned, and in some cases, ticketed.
Get Help With Your Horn Honking Citation From the New Jersey Traffic Ticket Lawyers at Ellis Law
Honking the horn is a great way to alert others to possible dangers, but it can also create danger if it is taken to the extreme. If you have been involved in an accident that began with excessive horn honking or aggressive driving, or if you have been ticketed for horn honking, talk to the seasoned New Jersey traffic ticket lawyers at Ellis Law. Call 732-702-6103 or submit our online form for a free consultation. Located in Freehold, New Jersey, we proudly serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
