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Old 02-11-2006, 06:56 PM   #1
Vypurr
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Please clearify an "Improper Passing" ticket..I have a couple questions!

On Sunday (last week) I was on a car cruise with about 17 cars. Most of us were from Pa and had Pa plates, but on our cruise, we ventured into New Jersey. On our way home to I-95, we passed through Lambertville. About halfway through the town, I get pulled over (I was obeying all laws, not revving, not following close, and overall being good)

I immediatly shut off my car, and place the keys on the dash above the wheel. I keep both hands on the wheel as the officer approaches. When he gets to my window, he informs me that another officer spotted me illegally passing a car on the right. I try to think if I did something that stupid and I could not imagine where he had seen this.

When the other officer comes over after a couple of minutes, he tells me that a mile back he saw me pass a Silver BMW Z3 Roadster (A guy who was also with our groups of cars). He goes on to explain that he saw me go off the road onto the shoulder to pass this car. I tell him that I passed him during a merger (2 lanes to 1) and that the other driver visually waved me past him. I explain further that there were 2 people in our group who knew the directions, one was in the front, and the other was the BMW who wanted to bring up the rear, hense the reason he waved me past him. But the officer does not want to hear this and returns to his car.

When he comes back to me, he hands me a ticket for "Improper Passing" Statute No. 39-4-85. The ticket totaled $85 and carried 4 Points...

Now comes the good part...He tells me my choices of what I can do about the ticket, and then says that he let me off easy because it also appeared like we were trying to street race...

During our cruise that day, we recorded everything on tape, and my car happened to be the camera car. We captured the pass on tape and you can clearly see the 2 lane road, you can see me move ahead of the bmw, you can also see the white lines on the right side of the road, and you can clearly tell that I never left my lane to pass him off the road...

Here are the questions for someone who knows the New Jersey laws better than I do...

1) Will I be allowed to bring a witness with me (driver of the car who I passed who will explain that he waved me past him during the merger, and that we were in contact with 2-way radios)
2) Will I be allowed to bring the video that I have with me?
3) Will these 4 (insane for my 1st ticket, and I believe BS at that!) carry over into Pennsylvania?
4) Should I get a lawyer for this? Is it worth my $, or could I do the same job by myself?

My court date is Next Thursday (2/16) and the Judge will be Richard P. Cushin. Does anyone know anything about him that could help me?

Thank you sooo much. This will destroy my insurance and I think that he simply wanted to write a ticket because of our large group of loud sports cars.

*PS - He got lucky that he pulled the right car over since there were 3 e-blue SRT-4s there! lol
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