39:4-81----Failure to observe traffic control device

NJSA 39:4-81, failure to observe traffic signs could add up to 2 points on your license, cause a $50 to $200 fine to be issued, and up to 15 days in jail.  If the stop light is not illuminated, it is to be treated as a stop sign or red light. Normally failure to observe traffic signals is for making in improper right turn NJSA 39:4-115 is also cited.  This is the statute governing  making turns while driving.  This would add up to an addition 3 points on your license, cause another $50 to $200 fine to be issued, and up to another 15 days in jail. A right at a red light is normally allowed after coming to a complete stop.  This is the official statement of the Department of Motor Vehicles in NJ, which can be found at http://www.state.nj.us/mvc/Vehicle/moving_to_nj/traffic01.htm/ As with all traffic offenses, it is presumed that the ticket is valid and the burden for proving a defense is on you and your attorney.  Typically this is not worth the cost of litigation, and a deal is often struck after negotiating a lower sentence.  It is advised you retain counsel for negotiating such a deal with the prosecutor because it presents a much stronger bargaining position and is more likely you will receive a better result.  If you wish to set up an appointment to visit us in person please call at 732-797-1600 or visit our website at www.cldds.com  and ask for Edward J. Dimon, Esq. or Adam M. Carman, Esq.  If you have any other legal questions or concerns, please remember that we have attorneys who focus on municipal, civil, criminal, family, elder, real estate, tax, and commercial law. Regards, Edward J. Dimon, Esq.