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, 2017Background
- 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)
