Improper Passing in New Jersey

N.J.S.A. 39:4-85 · Moving Violations & Driving Offenses

What the law says

A driver overtaking a vehicle traveling in the same direction must pass at a safe distance to the left and must not return to the right side of the roadway until safely clear. Passing on the right is permitted only under conditions that make the movement safe, and never by driving off the pavement or main-traveled portion of the roadway.

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. 39:4-85 that the State relies on:

MVC points and surcharges

• Points: 4 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

• When vehicles on the roadway are moving in two or more substantially continuous lines, vehicles in one line may overtake and pass vehicles in another line on either the right or left.
• A driver may overtake and pass on the right another vehicle that is making or about to make a left turn.
• The statute states that its provisions and section 39:4-87 shall not be considered as prohibiting the passing movements described for vehicles in substantially continuous lines or for passing on the right a vehicle making or about to make a left turn.

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 Improper Passing 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. 39:4-85 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.