"Speeding; N.J.S.A. 39:4-98"
A speeding charge is a very common offense handled by New Jersey Municipal Courts.
For example, the following limits apply in municipalities like Woodbridge, East Brunswick, Edison, North Brunswick, Perth Amboy and South Brunswick even if a sign is not posted:
The limit in residential and school zone areas is 25 Miles Per Hour (MPH).
The limit in business areas is 35 MPH.
The limit on state highways is generally 50 MPH.
The limit on major highways - NJ Turnpike / Garden State Parkway - is 65 MPH.
The limit is always lowered in construction zones.
1-14 over the limit is a two point violation;
15-29 over the limit is a four point violation;
exceeding 29 miles per hour over the limit is a five point violation.
Defendants also face double fines for exceeding the limit in 65 MPH zone, construction zone or safe corridor.
The courts may impose up to 15 days in jail following a conviction for this charge, although it is unusual for courts to exercise such discretion.
Instead, if the speed is excessive or the violation is willful a court is likelier to suspend a license for a time period left to the discretion of the sentencing Judge.
State Must Prove:
To obtain a conviction the state must prove the following:
1. defendant operated the vehicle;
2. speed limit;
3. driver exceeded the limit.
The most common method of proving this violation is radar which must be calibrated and the operator must be qualified to operate it.
The state must produce documentation to support calibration and qualification of the operator.
Another method employed by police is "pacing" which New Jersey Courts accept as a legitimate method of measuring another driver's speed provided the officer will testify that he or she was trained to pace other vehicles on the road.
Strategy In Court
The most common downgrade that a New Jersey Traffic attorney achieves on behalf of a client to this charge is unsafe driving N.J.S.A 39:4-97.2, although it should be noted that unsafe driving carries an approximate fine of $400.
Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.
Hence, drivers with a second unsafe driving conviction in the last five years are not eligible for this zero point downgrade.
Did You Know
An exemption from liability insurance premium increase in the state of New Jersey is available to drivers who obtain a two point speeding ticket provided that they have not had any other moving violations in the last three years.
In other words, a driver who is free of moving violations in the last three years may secure a two point ticket under this statute - driving 1-14 miles per hour over the limit - without having his or her insurance premium go up.
All time periods in municipal court including for purposes of counting the three years in question, always start to run from the date of the violation and not the date of the conviction in court.
This is pursuant to New Jersey state law N.J.S.A. 17:33B-14.1, that all insurance companies doing business in the state of New Jersey must obey.
If you have further questions about speeding tickets, click here to contact a NJ Traffic Lawyer.