NJ Failure to Yield Defense Lawyer

When driving, we are required to yield to traffic trying to pass.  This is generally done by sticking in the right most lane, unless passing another motorist.  This is codified in N.J.S.A. 39:4–87, reproduced in full below.  If you have been charged with a failure to yield or failure to keep right ticket, or any traffic ticket, call today to speak with a NJ Traffic Ticket Defense Lawyer.

What are the Penalties?

If you were only cited one ticket for failing to yield, the penalties could be:

  • Fines + Court Costs;
  • 2 Motor Vehicle Points;
  • Insurance Premium Increases.

How can a Lawyer Help?

There are many things an experienced New Jersey traffic ticket defense attorney can do to help.  Our first goal is to completely defeat the charges and find any defenses.  These might include technical defenses such as the fact that in the particular circumstance you couldn’t safely yield, that you were indeed passing another vehicle, or that an officer could not have been in a position to witness the alleged offense.

Other times it is best to negotiate a deal with the prosecutor.  An experienced New Jersey Traffic Lawyer stands a far better chance of coming away with a beneficial arrangement than a regular citizen.  The benefits of this may include, no or diminished points, reduced fines, and even saving a defendant’s license when it would otherwise be suspended.

For a free consultation, please see our contact page, or call a NJ Traffic Defense Attorney today at 201-943-2445.

Frequently Asked Questions:

What is New Jersey’s Failure to Keep Right law?

The following is a copy of N.J.S.A. 39:4-87:    

 "The driver of a vehicle on a highway, about to be overtaken and passed by another vehicle, approaching from the rear, shall give way to the right in favor of the overtaking vehicle , and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle."

What are the most common ways to be charged in NJ for to yield?

Most often when this happens, a police officer tails someone for awhile, and when they fail to notice to let the cop pass, they pull them over.  Other times, the police use this statute as an excuse to pull someone over or further investigate them.  Unfortunately, the police are allowed to pull you over for any offense, and if they can reasonably say you weren’t keeping right, they have the right to pull you over.

I have a CDL (Commercial Driver’s License), how do NJ failure to keep right tickets affect me?

As a CDL driver, it is important to note that even certain driving offenses committed while driving your personal vehicle, can affect your commercial driver’s license; this is especially so with Drug and DUI / DWI charges.  

For a fuller listing of penalties related to certain NJ traffic offenses for CDL drivers, see here.  The courts are less understanding in regards to trucks not keeping right, and often will be more likely to charge the maximum penalties.

In addition to the above punishments, your employer or insurance carrier may have their own issues if you are convicted for a speeding charge, especially at higher speeds.  Don’t lose your livilihood, if you are a CDL driver and have been given a speeding ticket in NJ, contact our Criminal Defense Attorneys today.

How does the New Jersey motor vehicle point system work?

DMV Motor Vehicle Points are different from Insurance Company Motor Vehicle Points.  Every insurance company has an individual system of points they use to calculate your rates.  For instance, a conviction for Drunk Driving in New Jersey, carries no DMV points, but can have nearly 10 points for insurance purposes, significantly boosting your premium.

For this reason, it’s very important to defend against traffic summonses rather than pleading guilty and removing the points through the programs described below.

For a variety of NJ traffic tickets, DMV Motor Vehicle Points will attach to your license.   For a list of all NJ Traffic Violations which summonses carry motor vehicle points, click here.  You will have to pay surcharges to the DMV if you acquire 6 or more points within a 3-year period.  If you acquire more than 12, you are also subject to an administrative suspension.  This happens even when a Judge doesn’t order it at Court.  For almost any point violation, your insurance company will likely raise your rates.  

For every year you have no points assessed against your license, you will have 3-points subtracted from your record.  

Is there any other way to reduce my points?

Aside from good lawyering in Court, after you have already received a NJ traffic summons, there are two other avenues you can use as provided by the law contained in N.J.S.A. 39:5-30.9.

You may complete a Defensive Driving Program, once every 5 years, and have 2 points subrtracted from your record.  These only work if you already have points on your license, you cannot get negative points.  You may, however, be eligible for certain insurance rate reductions after completing a course.  This will depend upon your insurance carrier.  Many of these programs can be completed online.  They can take anywhere from 1-5 hours to complete.  There are many state approved courses which will grant you the 2-point reduction.

You may also complete a Driver Improvement Program once every two years, which can subtract 3-points from your license.  

How much will my insurance go up?

The answer to this depends upon what insurance carrier you have, your driving record, how many points you recieve, how fast you were going, and what type of neighborhood it was in.  It is not uncommon for insurance premiums to jump by thousands of dollars a year.  As such, it is important to defend yourself from even minor traffic violations.  

How much will the DMV surcharges be?

If you accumulate more than 6 points in a 3-year period, the DMV will apply a surcharge.  The amount charged will be $25 per point, per year, for 3 years.  If you already have 4 points from an offense 2 years ago, and are convicted of a NJ 4 point speeding ticket now, you will have to pay $200 a year for three years in surcharges.  

There are other offenses which carry their own separate surcharges, as discussed above.  If you have a DUI / DWI conviction for instance, there will be at least a $1000 surcharge per year for three years.  In addition to this, although there are no points assessed for a NJ drunk driving conviction, your insurance company would dramatically increase your rate.  


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