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Does "39:4-56 Delaying the traffic” comes in careless driving or unsafe operation?

Rahway, NJ |

A police officer gave me a 39:4-56 ticket and under the "Other traffic/parking offense" he put "Risk of Accident". He said he would not give me any points but he would issue a fine. I'm wondering if this will go on my licence record,

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Attorney answers 3


If you plea guilty in municipal court or pay for the ticket before appearing in court it wil appear on your driver's abstract. As to whether this would qualify as careless driving or unsafe operation, it would depend on your driving record. Contact me if you wish to speak about this further.

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The officer did you a favor. 39:4-56 is a zero point offense. While this will appear on your driving record, it is not careless driving (39:4-97) or unsafe operation (39:4-97.2).

Law Offices of James A. Abate (732) 412-2364


It goes on your record but is a 0 point ticket. It is actually one of the oldest statutes in the code and applies to driving or conducting a vehicle in such condition, so constructed or loaded to cause delay in traffic or accident to man, beast or property. In otherwords don't overload your car or have your cooler fall off in traffic.