Failure to Stop or Yield in violation of NJSA 39:4-144 is a common motor vehicle traffic offense. Typical fact patterns include “rolling” through a stop sign, failure to yield at a yield sign, blowing through a stop sign, etc. Upon conviction, the defendant will be assessed two motor vehicle points, and a fine of up to $200.
The upside to this traffic offense is the available defenses and the flexibility in plea bargaining. Location, visibility and authority to post are just a few of the winning defenses I have relied upon in stop sign cases. Additionally, there is frequently a factual basis for some extraordinarily advantageous plea bargains that could save the defendant hundreds of dollars and two points. This may be the case even if the ticket was issued correctly.
39:4-144. Stopping or yielding right of way before entering stop or yield intersections
No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a “stop” sign unless he has first brought his vehicle or street car to a complete stop at a point within 5 feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a “yield right of way” sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, he is otherwise directed to proceed by a traffic or police officer or traffic control signal, or as provided in section 39:4-145 of this Title.
Amended by L.1956, c. 107, p. 486, s. 5; L.1958, c. 114, p. 588, s. 4.