Making an improper turn can lead to a traffic citation, with unpleasant short- and long-term consequences. Many drivers accept these traffic tickets without contesting them, but there are circumstances where challenging the violation may be possible. Knowing the legal options available can help you determine whether or not a ticket should be disputed.
What Is Considered an Improper Turn?
An improper turn occurs when a driver fails to follow traffic regulations regarding turning maneuvers. This can include turning from the wrong lane, failing to signal, making an illegal U-turn, or turning where prohibited by signage. Law enforcement officers issue citations based on their interpretation of the event, but not all tickets are justified.
What Are the Potential Consequences of an Improper Turn Ticket?
The potential consequences for these tickets vary by state. In New Jersey, motorists who plead guilty or are convicted of improper turns (under NJSA 39:4-123) face the following:
- An $85 fine ($140 in construction zones).
- Three points on their driving record.
- Three “insurance eligibility points.” Auto insurance providers use those to determine the risk you present.
Drivers who get six driving record points within a three-year period must pay a $150 fine and $25 for every additional point. When drivers accumulate 12 points, their licenses are suspended, and they are expected to pay higher insurance premiums as well. Drivers with seven or more points must often switch to costlier coverage through the New Jersey Personal Automobile Insurance Plan (NJPAIP). Insurance points expire after three years, but driving record points do not. However, three points are deducted for each year a driver goes without a license suspension or traffic violation.
Are There Defenses Against an Improper Turn Ticket?
There are several legal arguments that may be used to contest an improper turn citation:
- If a sign indicating a turn restriction was obstructed, the driver may not have been aware of the rule.
- Road markings may be unclear or faded, making it difficult to determine the proper turning procedure.
- The maneuver was made to avoid an accident or in response to an emergency situation.
Traffic camera footage or witness testimony may support a driver’s claim that the turn was legal.
How Can I Challenge a Ticket in Court?
Challenging a citation involves requesting a court hearing and presenting evidence to contest the allegations. Drivers may introduce photographs of the intersection, traffic signals, or signage to demonstrate that the turn was legal. If the issuing officer’s report contains inconsistencies, questioning those details may be effective. Witness statements can also be used to support a driver’s account of the event.
Is it Worth Fighting an Improper Turn Ticket?
Deciding whether to challenge a citation depends on the circumstances of the case. If the ticket carries significant fines, points, or insurance consequences, contesting it may be beneficial because a successful challenge could lead to dismissal or reduction of penalties. On the other hand, if evidence strongly supports the officer’s claim, the likelihood of dismissal may be low. A New Jersey traffic ticket lawyer can help you determine the best course of action.
How Can a Lawyer Help Me Fight a Traffic Ticket?
Lawyers familiar with traffic laws and pertinent legal strategies understand how to identify weaknesses in the prosecution’s case and may negotiate for reduced penalties. They may also assist in presenting evidence effectively and questioning the validity of the officer’s observations. Those unfamiliar with court procedures may find that legal guidance improves their chances of a favorable outcome.
Knowledgeable New Jersey Traffic Ticket Lawyers at Ellis Law Advocate for Drivers Dealing With Traffic Violations
Drivers who have received citations for improper turns may have options for contesting the charges. The seasoned New Jersey traffic ticket lawyers at Ellis Law have experience handling traffic violations and can evaluate the details of your case. For a free consultation, call us today at 732-702-6103 or complete our online form. 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.