N.J.S.A. 39:4-92.2 · Moving Violations & Driving Offenses
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What the law says
A motor vehicle operator must approach the specified stationary vehicles with due caution and follow the required lane-change or speed-reduction procedure, absent other direction by a law enforcement officer. Violating these requirements is subject to a fine and, in specified circumstances, motor vehicle penalty points.
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. 39:4-92.2 that the State relies on:
- A person convicted of three or more offenses under this section that occur within a 12-month period shall be assessed two motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
- A person who violates this section shall be fined not less than $100 and not more than $500.
- A person convicted of three or more offenses under this section that occur within a 12-month period shall be assessed two motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
- A motor vehicle operator shall not be assessed motor vehicle penalty points unless the stationary vehicle is displaying flashing, blinking, or alternating lights or utilizing road flares or reflective triangles in accordance with this section at the time of the third or subsequent violation.
- 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
- Don't pay the ticket online. Paying is a guilty plea.
- Check your driver history abstract so you know your current points.
- Keep the summons and write down what happened at the stop.
- Tell your lawyer if you hold a CDL or already have points or suspensions.
- Call before your court date. Many tickets can be resolved without you missing work.
- 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 →
- N.J.S.A. 39:4-92.2 on Justia (2024 New Jersey Revised Statutes)
- NJ MVC points schedule
- NJ MVC surcharges
How the charge is graded
Penalties in the statute
Other rules that can matter
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
What to do right now
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 Move Over Law Violation charge.
Related charges
Sources
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.