SPEEDING
OVERVIEW
In New Jersey speeding tickets are given out like there
is no tomorrow. There are two reasons why speeding tickets are given. One reason is to
slow down all of the road rage and all of the aggressive drivers. It is common
knowledge that the time pressures of life, and the tremendous stresses of
everyday living causes people drive too aggressively and too fast. The second
reason is that speeding tickets generate a tremendous amount of revenue for the
local municipalities.
A speeding ticket of 1 to 14 miles over the limit
is a 2 offense. A speeding ticket of 15 to 29 is a 4-point offense. Finally, a
speeding ticket of 30 or more over the limit is a 5-point offense.
In
areas that are designated as a "Safe Corridor" or a "Safe Corridor Area" then
the fines are doubled. In my opinion these designations have nothing to do with
making the roads safer. These designations are simply used to raise more money
for the State. Finally, many times traffic fines are doubled if the speeding
occurred on the Turnpike. Some Municipal Courts do not enforce the doubling of
the fines if the speeding occurred on the New Jersey Turnpike. Finally, fines
are also doubled if the speeding occurred in a construction zone.
There
is a strong trend to designate more and more roads or highways a special type of
zone. In the future, there will probably be more zones called the Safe School
Way Zone, the Safe Neighborhood Zone, the Safe Park Road Zone, the list could go
on and on. However, expect more and more highways to be classified as special
zones in the near future.
It is very difficult to beat a speeding ticket. The
plain truth is that there are only a few ways a person can beat a laser or a
radar ticket. First, the police officer's paperwork may be sloppily prepared. Sometimes, the police officer's
training certifications may have lapsed. Alternatively, sometimes the radar or
the laser machines may have malfunctioned, or they may not have been tested
properly. If a person wants to beat a speeding ticket at trial, then many judges
require that you produce a radar or laser expert at the trial. Producing an expert witness in laser technology is too
expensive, and in my many years of Municipal Court practice I have never seen it
done.
A person can beat a pace ticket though. "Pace" basically means that
the cops follow the driver, and they make an estimate as to how fast he or she
was going. This estimate requires more of a judgment call, and not on the
scientific analysis of a radar or of laser reading(s). Sometimes, the police officer will
fail to provide proof that their speedometer was properly tested and calibrated.
Sometimes, a person can argue that there was significant traffic on the roadways on
that occasion, and that the police officer actually paced the wrong vehicle.
The key
factor in working out a speeding ticket depends on the municipality or city where
the driver was stopped in. Moreover, hiring a lawyer will always enable a driver
to get a few additional points dropped. Some municipalities are very liberal,
and they have no problem giving lawyers plea deals on speeding tickets that
drop four pointer to a zero point charge. However, in some municipalities they
are very strict, and they will not drop a four pointer to a zero point charge.
Finally, there are some municipalities that will not drop any speed off a
5-point violation. The judge will also suspend the driver's license for 30 days
if he or she speeds 30 mph or more over the limit.
A person will receive
two points on their New Jersey driving record if they obtain a speeding ticket
in any of the other states. Even if the person was going 120 mph hour in the
other state, he or she still will only receive two points on their New Jersey
driving record.
In summary, only experienced traffic court lawyers can
advise you as to the particular "culture" of the municipality where your
speeding ticket was issued. Speeding tickets can pile up in a hurry. Therefore,
it is always advisable to hire a good traffic lawyer to fight each and every
speeding ticket.
A driver who is convicted of speeding may be
subject to a fine of $52 to $202. If the speeding offense is committed in a
construction zone then the fines can be doubled. Moreover, the fine is also doubled
if the offender exceeds a 65 mph speed limit by 10 mph or more.
In most cases a judge will not suspend a
driver's license on a speeding ticket. However, in some courts if the driver
is speeding by more than 30 mph over the limit, then quite often the court will
issue a suspension for 30 days.
The DMV will assess two, four, or five
points to a driver for a speeding conviction. This is entirely dependent as to
how fast the driver was traveling. If a driver was speeding up to 14 mph over
the limit, then he will receive 2 points. If the driver was traveling between
15-19 mph over the limit, then he will receive four points. Five points are
assessed if a driver is speeding 30 mph over the limit. Quite often if a driver
receives a 5-point ticket, then the judge will suspend their license.
SPEED
CONTROL
Exceeding the speed
limit is a common cause of fatal and other types of accidents. Always obey the
speed limit. Speed affects almost everything that can happen while driving. A
good rule is to keep up with the flow of traffic at any legal speed. In order to
make safe or emergency stops when necessary, it is important to keep enough
distance from surrounding traffic.
New Jersey law sets
top speed limits for any given road, street, highway or freeway.
NEW JERSEY SPEED
LIMITS
|
SPEED LIMIT
|
ROADWAY
|
|
25
|
Business or residential districts and school zones
|
|
35
|
Suburban business and residential areas.
|
|
50
|
All
other roadways.
|
|
55
|
Certain highways (as posted)
|
* Drivers pay double
fines for exceeding a 65 mph limit by 10 miles per hour or more. Double fines
also apply to most other moving violations committed in a 65 mph zone.
|