Failure to Maintain Lane in New Jersey

N.J.S.A. 39:4-88 · Moving Violations & Driving Offenses

What the law says

On a roadway divided into clearly marked traffic lanes, drivers must follow the lane-use and lane-change rules in this section. The section prohibits specified uses of center and left lanes, including driving certain trucks in the farthest left-hand lane, subject to stated exceptions.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-88 that the State relies on:

MVC points and surcharges

• Points: 2 points.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Other rules that can matter

• A vehicle may use the lane nearest the right-hand edge or curb when overtaking another vehicle or preparing for a left turn.
• On a three-lane highway, the center lane may be used for overtaking or passing another vehicle, preparing for a left turn, or when the center lane is allocated for traffic moving in the vehicle's direction and signposted to give notice of that allocation.
• The State Highway Commissioner may by regulation, or local authorities may by resolution or ordinance with respect to highways under their jurisdiction, designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district. When signposted or marked to give notice of the designation, a vehicle may be driven in any lane allocated to traffic moving in its direction.
• A truck of 10,000 pounds registered gross weight or over may use the farthest left-hand lane when and to the extent necessary to prepare for a left turn, for up to one mile; when necessary to enter or leave the roadway by entrance or exit to or from the left lane, for up to one mile; or when reasonably necessary in response to emergency conditions.
• For the truck-lane exception, emergency conditions include, but are not limited to, poor visibility, snow, accidents, or the presence of emergency vehicles.
• Amended 1951, c.23, s.47; 1968, c.432; 2013, c.86, s.1.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Failure to Maintain Lane charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Speeding →
• Racing on Highways →
• Leaving the Scene of an Accident →
• Failure to Report an Accident →
• Using a Handheld Cell Phone While Driving →

Sources

• N.J.S.A. 39:4-88 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.