Traffic Violations

Prepare to Stop When you Hear the Ice Cream Man

Ah! The sweet sound of summer! Kids race down the block as they hear the music of the ice cream man playing in the distance. But, with ice cream trucks back for the warmer weather, keep in mind that you can get a ticket for improperly passing, something that most people don’t remember from driver’s ed.

NJSA 39:4-128.4

According to New Jersey Statute 39:4-128.4, a driver approaching a stopped frozen dessert truck must stop if it is has activated the stop signal and flashing red lights. After stopping, the driver may then proceed “at a reasonable and prudent speed, not exceeding 15 miles per hour, and shall yield the right of way to any pedestrian who crosses the roadway to or from the frozen dessert truck.” The law applies to drivers on either side of the road.

To protect children (and adults, too) that may be too excited by the prospect of ice cream to look both ways before crossing the street, New Jersey takes this law seriously. In fact, failure to properly pass an ice cream truck will get you more points than failing to observe a traffic light or stop sign, careless driving, and driving the wrong way on a one-way street. If you are convicted of this offense, you will be fined up to $100 and have four points added to your driving record. Keep in mind that as points add up, you can receive additional penalties. If you accumulate six or more points during a three-year period, you will be required to pay an additional surcharge. At anytime you have twelve points, The Motor Vehicle Commission will suspend your license.

What if I received a Ticket for Passing an Ice Cream Truck?

If you received a ticket for improperly passing an ice cream truck, the Law Offices of Leon Matchin can help you fight the charges and protect your driving record. We will look to downgrade the charges against you to a “no-point” violation, such as unsafe driving if a dismissal is not a viable option. Call today for a free consultation to discuss the options available to you: (833) 732-7320.

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