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Traffic Tickets

Failure to Observe an Officer’s Signal in NJ (39:4-57): A Ticket That Can Escalate

When a police officer is directing traffic — at a crash scene, a malfunctioning light, a detour, or a special event — drivers are legally required to follow their directions, even when those directions override the normal signals. Failing to do so is a moving violation under N.J.S.A. 39:4-57, and while it’s often minor, it can also be the spark for a much more serious situation.

What the law requires

N.J.S.A. 39:4-57 requires drivers (and pedestrians) to observe and obey the directions of a police officer who is directing traffic. An officer’s hand signals and instructions take priority over traffic signals and signs — so when an officer waves you through a red light or stops you at a green, their direction controls. Disregarding it is the violation.

A conviction carries a fine and points on your New Jersey driving record. As with any moving violation, those points are cumulative and follow you to your insurer, the dynamic our NJ point system guide explains.

The officer’s direction overrides the signals: The most common misunderstanding is “but the light was green.” When an officer is directing traffic, their instructions supersede the lights and signs. Following the signal instead of the officer is exactly the conduct 39:4-57 targets — though genuine confusion about whether an officer was directing you, or what they meant, is where these tickets get challenged.

Why this ticket can escalate

Here’s the bigger concern: disregarding an officer’s direction can be read as more than a traffic infraction. Depending on what happened, the same conduct can edge toward obstruction, or — if a vehicle is involved in fleeing — far more serious charges like eluding. What starts as a failure-to-obey ticket can become a criminal matter if the situation escalated, which is why these shouldn’t always be treated as routine.

How these tickets get defended

  • Was the officer actually directing traffic, and was it clear they were directing you?
  • Was the direction clear — or ambiguous hand signals in a chaotic scene?
  • Did you have a reasonable opportunity to comply safely?
  • The bigger picture — making sure a traffic ticket doesn’t get over-charged as something criminal.
  • Resolution to a non-point or reduced outcome, the goal behind a careless-driving plea-down.

Cited under 39:4-57? Don’t assume it’s trivial

On its own it’s a points ticket worth keeping off your record — rather than reflexively paying it, the plea-by-mail mistake — and if the encounter escalated, the stakes can be higher. If you’ve been cited anywhere in New Jersey, it’s worth a free call.

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This article is general information about New Jersey law, not legal advice, and does not create an attorney–client relationship. Every case turns on its own facts. For advice about your situation, call 908-692-7745.

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