Getting pulled over for failure to maintain a lane in New Jersey is frustrating, especially if you believe you were driving safely. Police officers often use this charge when they think a driver is swerving or drifting. However, many people don’t realize this type of ticket isn’t as straightforward as it seems. You have the right to contest the charge.
Knowing how to beat a failure to maintain lane ticket can significantly affect your case’s outcome. With the right strategy, you may be able to reduce the charges or even have the ticket dismissed.
What Is Failure to Maintain Lane in New Jersey?
New Jersey’s law on failing to maintain your lane is N.J.S.A. 39:4-88. Under the statute, a driver must remain entirely within a single lane as close as possible. A driver cannot move from that lane until they’ve made sure that it’s safe to do so. The law is meant to protect other drivers and keep traffic moving smoothly.
Police officers often issue this ticket when they see a car drifting over the center line, weaving between lanes, or crossing onto the shoulder without signaling. The good news is that the law doesn’t require perfect driving. The statute uses the phrase “as nearly as practicable” because small adjustments in lane position happen naturally. However, you can get a ticket if an officer believes your driving created a risk for other cars on the road.
In some cases, this ticket can be tied to criminal charges. Failure to maintain lane is one of the most common reasons police use to justify a traffic stop for a potential DWI or reckless driving charge.
Penalties for Failure to Maintain Lane
The penalties for violating the law depend on the circumstances, but they almost always carry financial and driving record consequences. For example:
- Fines – A conviction typically results in a fine ranging from $100 to $300, plus a $50 surcharge.
- Motor vehicle points – The New Jersey Motor Vehicle Commission (MVC) adds two points to your driving record for failure to maintain lane. These points can raise your insurance premiums and put you closer to license suspension.
- License suspension – If you accumulate 12 or more points on your record, the MVC can suspend your driver’s license. Even if this ticket doesn’t put you over that threshold, it still adds to the total and increases your risk in the future.
- Insurance increases – Insurance companies typically see this type of ticket as an indicator of risky driving behavior. A single traffic citation may lead to higher insurance rates – and that increase can last for years.
Although it might seem like a minor offense, take the ticket seriously. Many drivers pay the fine without realizing that doing so is the same as pleading guilty. Fortunately, you have options to protect your driving record.
Fighting a Failure to Maintain Lane Ticket
If you received a traffic ticket, you can fight back. When you’re deciding how to beat a failure to maintain lane ticket, it helps to understand the process – and work with an experienced attorney. Here’s how the process usually goes:
- Analyze your ticket. The first step is looking closely at the ticket you received. Check for errors in the officer’s notes, location details, or other information. Mistakes can sometimes work in your favor.
- Understand the court process. Traffic violations are handled in municipal court. You’ll receive instructions for when and where to appear. If you plead not guilty, your case will be scheduled for trial. This is where you’ll have the opportunity to challenge the state’s evidence.
- Review the evidence. The prosecutor must show that you failed to stay in your lane in violation of the statute. That usually means relying on the police officer’s observations. Sometimes there may be dashcam or bodycam footage. If you have your own dashcam footage, save it for your lawyer.
- Build a defense. Once you know what kind of evidence the state has, you can work with a lawyer to decide how to respond. Your lawyer may be able to challenge the officer’s version of events or negotiate a reduced charge.
- Consider alternative outcomes. Depending on your record and the specific circumstances, your lawyer may be able to negotiate a downgrade to a no-point violation or enter into a conditional dismissal program.
- Talk to a lawyer. An experienced traffic offense attorney will know how the legal system works and ways to build a solid defense. Consulting a lawyer can help protect your rights, especially if you’re facing additional charges.
Potential Defenses for a Failure to Maintain Lane Ticket
Every case is different, but there are a few defenses that can apply to these cases. Some of the most common include:
- Momentary drift – The statute allows for minor lane movements when necessary. For example, avoiding debris on the road or adjusting to weather conditions might not be a violation.
- Poor road conditions – If the marked lanes were faded, uneven, or otherwise unclear, your lawyer could argue that staying perfectly within the lane wasn’t possible.
- Lack of evidence – The officer’s testimony is often the main (or only) evidence in these cases. If the officer didn’t have a clear view of your vehicle or dashcam footage doesn’t support their claim, your case may be dismissed.
- Improper stop – If the traffic stop itself was unlawful, any evidence gathered after may be excluded. This is especially important if the failure to maintain lane stop leads to serious charges.
- Medical or emergency circumstances – In rare cases, a sudden medical issue or emergency situation may explain why you briefly left your lane. However, you’ll need evidence to back up your claim.
The best defense depends on your unique case and circumstances. Working with a knowledgeable traffic ticket attorney can help you develop a solid defense strategy to fight a failure to maintain lane ticket.
Call Our Criminal Defense Attorneys for Help Today
The Law Offices of Jonathan F. Marshall has two centuries of combined experience handling traffic tickets and criminal charges in New Jersey municipal courts. Our attorneys know how prosecutors build these cases and how to fight back. Call our office today for a free consultation to learn how we can help you contest a failure to maintain lane ticket and protect your driving record.
