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Can a cop give you a ticket for crossing a double yellow without actually seeing you do it or even being psychically there?

Dumont, NJ |

drove around a car parking, there is no double yellow line on this particular side street.

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Attorney answers 3

Best Answer

Yes, a policeman CAN cite you for anything. That doesn't mean he/she has the proof to get a conviction. Hire a criminal defense attorney or make a scale drawing of the site of the violation and take photos from all directions and go to court and conference the case with the prosecutor yourself. I don't practice in NJ, but in KY this is a moving violation that carries a fine, court costs AND points on your drivers license.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


The officer cannot. But someone who saw it could.


There really is no ticket for "crossing a double yellow line." You can get a ticket for "failing to maintain lane" under NJSA 39:4-88, or "failure to keep right" under NJSA 39:4-82. Both are 2 point tickets and I believe would subject you to a fine of approximately $85-$100 if you plead guilty and pay online. The street does not have to have a double yellow line for a person to get such tickets. Also, you don't know what the officer saw, or what he will say he saw if called to testify at court. Chances are, if the cop gave you a ticket, the cop will almost certainly come to court and say that you committed the violation. And like the other poster stated, a cop can give you a ticket for anything - whether the prosecutor can prove the allegations beyond a reasonable doubt is another story entirely.

If you would like advice or need legal assistance on fighting this ticket, then you should contact an attorney right away. No one can tell you what your chances are of prevailing at trial without meeting with you and going over the evidence on both sides. If you would like to discuss this further, please contact me for a 100% free consultation.

Best of luck.

Dan Levy

This posting is just general legal INFORMATION and not legal ADVICE. Only your attorney can provide legal advice. If you would like actual advice about your particular case, please contact me for a consultation.