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 point 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.
| SPEED LIMIT | ROADWAY |
| 25 | Business or residential districts and school zones |
| 35 | Suburban business and residential areas. |
| 50 | All other roadways |
| 55 | Certain highways |
* 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.
