In State v. Wilson, a recent New Jersey Supreme Court decision decided on December 14, 2011, the Court made it easier for prosecutors to convict drivers who carelessly change lanes or weave between lanes. The Supreme Court held that N.J.S.A. 39:4-88(b) describes two distinct causes of action: one for a drivers failure to stay in his lane, and the second for a driver who changes lanes without ensuring that it is safe.

N.J.S.A. 39:4-88(b) states that "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety."

The Court determined that the first clause of section 88(b) proscribes deviation from a lane. The section therefore covers situations where the driver has no intention of change lanes, or does not or cannot change lanes. The second clause is reserved for movements between lanes, requiring drivers to change lanes safely. The Supreme Court reasoned that the use of the word "shall" in each clause of section 88(b) illustrates an intent to impose two distinct causes of action.

If you have an issue concerning a motor vehicle conviction, or any other municipal matters throughout Hunterdon County, call Mark & Galusha, attorneys specializing in municipal court matters. Contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the "contact us" page.