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N.J.S.A. 39:4-81. Following a trial de novo in the Law Division of Superior Court, Judge Gelade imposed a $150 fine
and $33 court costs. On appeal defendant argues that she should have been charged with a violation of N.J.S.A.
39:4-123, and the failure to do so denied to her a fair trial. We disagree and affirm."> Original Wordprocessor
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(NOTE: The status of this decision is Unpublished.) Original Wordprocessor Version
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(NOTE: The status of this decision is unpublished.)
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0943-05T20943-05T2
STATE OF NEW JERSEY,
Plaintiff-Respondent,
vs.
DEBRA FOUST,
Defendant-Appellant.
Submitted: December 20, 2006 - Decided January 11, 2007
Before Judges Cuff and Winkelstein.
On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, #31-
2005.
Debra Foust, appellant pro se.
Bruce J. Kaplan, Middlesex County Prosecutor, attorney for respondent (Simon Louis
Rosenbach, Assistant Prosecutor, of counsel and on the brief).
PER CURIAM
Defendant Debra Foust was found guilty of violating N.J.S.A. 39:4-81. Following a trial de novo in the Law Division
of Superior Court, Judge Gelade imposed a $150 fine and $33 court costs. On appeal defendant argues that she
should have been charged with a violation of N.J.S.A. 39:4-123, and the failure to do so denied to her a fair trial. We
disagree and affirm.
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a0943-05.opn.html
In this appeal, the facts are undisputed. Defendant concedes that when she left the Loew's Complex in Woodbridge,
she made a left turn from the parking lot onto Main Street. She admitted that left turns from the parking lot to Main
Street are prohibited and that three signs were placed on the right and left sides of the driveway and across the
street from the driveway that advised drivers that a left-hand turn is prohibited. Defendant testified that she turned
left because the required right-hand turn was inconvenient.
N.J.S.A. 39:4-81 provides in pertinent part that
[t]he driver of every vehicle . . . shall obey the instructions of any official traffic control
device applicable thereto, placed in accordance with the provisions of this chapter,
unless otherwise directed by a traffic or police officer.
N.J.S.A. 39:1-1 defines "official traffic control device" as "all signs . . . placed or erected by authority of a public body
or official having jurisdiction for the purpose of regulating, warning, or guiding traffic." The three signs advising
drivers that left turns are prohibited from the driveway of the Loew's Complex are official traffic control devices.
Furthermore, the record demonstrates that the placement of the signs had been approved by the Department of
Transportation. We, like the municipal court judge and the Law Division judge, hold that defendant was properly
charged.
Affirmed.
(continued)
(continued)
3
A-0943-05T2
January 11, 2007
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