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STATE OF NEW JERSEY VS. ALBERT J. FIELDS, JR. Â (09-15, SALEM COUNTY AND STATEWIDE)
A-2757-15T1
| N.J. Super. Ct. App. Div. | Nov 2, 2017
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Background

  • On July 10, 2015, Fields drove southbound in a no-passing zone, crossed double yellow lines to pass two slower cars, then returned to his lane; a police officer observed and stopped him.
  • Fields was charged with violating N.J.S.A. 39:4-86 (crossing no-passing lines).
  • At municipal court trial, the officer testified and the dashboard camera was reviewed; Fields admitted he crossed the double yellow lines because the vehicle ahead was slow.
  • Municipal court found Fields guilty and imposed a fine and costs; Fields appealed to the Law Division.
  • The Law Division conducted a de novo review, concluded that the statute permits passing in a no-passing zone only when the lane is both "obstructed and impassable," and that a slow vehicle did not render the roadway impassable; it affirmed the conviction.
  • Fields appealed to the Appellate Division raising statutory-interpretation and sufficiency-of-evidence claims; the Appellate Division affirmed.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Fields) Held
Whether N.J.S.A. 39:4-86 requires the lane be both "obstructed and impassable" before passing in a no-passing zone The statute's plain text allows passing only when the lane is both obstructed and impassable; trial court applied plain language correctly Court added words to the statute by requiring both elements; statute does not demand both Affirmed: plain language requires both obstructed and impassable; no legislative language was added
Whether a slow-moving vehicle can constitute an "obstruction" or justify passing in a no-passing zone Obstruction must be judged factually; trial court correctly found slow vehicle did not make roadway impassable A slow driver can be an obstruction (relying on Cruz); slow speed here justified passing Affirmed: slow vehicle may disturb traffic but did not make the roadway impassable here; factual finding supported
Whether the Law Division erred or lacked sufficient evidence to find guilt beyond a reasonable doubt Law Division performed de novo review, considered testimony and dashboard video, and found sufficient credible evidence Municipal court credibility should bind appellate review; State bore burden and offered insufficient proof Affirmed: de novo trial judge properly made independent findings; evidence was sufficient

Key Cases Cited

  • DiProspero v. Penn, 183 N.J. 477 (2005) (statutory interpretation focuses on legislative intent and plain meaning)
  • Cruz v. Trotta, 363 N.J. Super. 353 (App. Div. 2003) (whether a slow vehicle constitutes an obstruction is a factual question for the trier of fact)
  • Locurto v. Koster, 157 N.J. 463 (1999) (appellate review limits and deference to trial court credibility findings)
  • Johnson, 42 N.J. 146 (1964) (scope of review for municipal appeal)
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Case Details

Case Name: STATE OF NEW JERSEY VS. ALBERT J. FIELDS, JR. Â (09-15, SALEM COUNTY AND STATEWIDE)
Court Name: New Jersey Superior Court Appellate Division
Date Published: Nov 2, 2017
Docket Number: A-2757-15T1
Court Abbreviation: N.J. Super. Ct. App. Div.