NJ Laws Email Newsletter E321 December 2, 2009 Kenneth Vercammen, Attorney at Law In this Issue 1 Rebuttable presumption a road sign is properly posted State v Smith 408 NJ Super. 484 (App. Div. 2009) Defendant's conviction on trial de novo for violating N.J.S.A. 39:4125 is affirmed because he turned his vehicle "around so as to proceed in the opposite direction on a highway" on which a "no U turn" sign was conspicuously posted. Defendant does not have to perform a "u turn." The West Annotated version of the statute contains an error. The "no U turn" sign need not be on a "state" highway, and therefore whether or not the road was a "state" highway was irrelevant, as there is a rebuttable presumption the statute was properly posted. As defendant was not entitled to assigned counsel, the fact he was improperly assigned counsel in the Law Division does not require vacation of the municipal conviction because he was not assigned counsel there.
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