New Jersey Traffic Lawyers

Speeding in New Jersey | NJSA 39:4-98

Unfortunately, getting a speeding ticket in New Jersey is becoming more and more common.

Since the state and local townships thrive off of the revenue they rake in from issuing you speeding tickets, police officers are out in record number patrolling roads and highways for people just like you.

Getting a speeding ticket not only can be a hassle, but it can also have serious consequences.

If convicted, points will be assessed against your driving record, you could face steep fines and surcharges, skyrocketing auto insurance rates, and the possibility of a license suspension.

Be sure to contact an experienced NJ speeding ticket lawyer who can help you avoid the fallout of a speeding ticket.

How Many Points is a Speeding Ticket in New Jersey?

In New Jersey, speeding violations are divided into three categories based on how fast you were going. The points associated with each speeding violation are as follows:

  • Speeding 1-14 mph over limit –– 2 Points
  • Speeding 15-29 mph over limit –– 4 Points
  • Speeding 30 mph or more over limit –– 5 Points

If you accrue 12 points in 12 months, New Jersey will suspend your license.

After 12 months, points will no longer count toward a suspension of your NJ driving privileges, but they will remain on your driver’s abstract and can still affect your car insurance.

Remember, if you accumulate 6 or more points within 3 years from the date of the violation, you will be slapped with a $150 surcharge plus $25 for every point above 6.

New Jersey Speeding Fines

The following fines will be assessed for speeding in New Jersey:

  • Speeding 1-9 mph over limit ––$85
  • Speeding 10-14 mph over limit –– $95
  • Speeding 15-19 mph over limit ––$105
  • Speeding 20-24 mph over limit –– $200
  • Speeding 25-29 mph over limit –– $220
  • Speeding 30-34 mph over limit –– $240
  • Speeding 35-39 mph over limit –– $260

However, if you are caught speeding in a work zone, safe corridor, or 65 mph zone, your fine will be doubled.

Default Speed Limits in New Jersey

Sometimes, a road will not have a sign indicating what the speed limit is. Nevertheless, a police officer can still––by law––issue you a speeding ticket for going over the not-so-posted speed limit!

That means NJ presumes that there are “default speed limits” that you must be aware of and penalizes you even if you were not.

The default speed limit when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours is 25 mph.

Additionally, it will be 25 mph in any business or residential district.

If you are traveling in a suburban business or residential district, the default speed limit will be 35 mph.

Lastly, the default speed limit everywhere else (i.e. most highways, etc.) is 55 mph.

Beating a NJ Speeding Ticket

More often than not, our team of lawyers will be able to negotiate a favorable plea bargain with the prosecutor on your behalf.

It is not uncommon for our team of traffic ticket lawyers to get a speeding ticket for going 45 over the limit––which carries 5 points––down to a 2 point ticket or better.

Likewise, if we do not like the deal that the prosecutor is offering or in the event that he or she does not offer one at all, we know exactly what arguments to make in order to help you beat your speeding ticket.

Simple Math Argument: Rate = Time ÷ Distance

For starters, a simple formula that we all learned back in grammar school to calculate the rate of speed becomes extremely helpful when cross-examining a police officer––but it needs to be used in a subtle way.

At the right time, and on cross-examination, your attorney can ask the officer how far your vehicle traveled (i.e. what your distance was). Then, he can ask approximately how long it took you to get that far (i.e. what your time was).

Afterward, by diving the time it took you by the distance you traveled, you will get the speed that you were traveling at.

If this number differs from that of the radar in a considerable way, the officer will either look foolish and his testimony will be less believable or the radar will seem less accurate.

In either case, this mode of argument can help you considerably when used the right way.

Evidence-Based Argument

Before a prosecutor can rely upon the radar reading that the police officer used to pull you over, he needs to first obtain the radar’s calibration certificate. However, simply having it does not mean it is admissible in court.

In order for it to be allowed in court, it must fall within the business records exception to the hearsay rule. However, in order to do this, the document must first be properly authenticated.

More often than not, the only person in court who tries to authenticate the calibration certificate is the very officer who ticketed you in the first place! Due to a bias issue––among other legal concerns––this is improper and will not (usually) fly in a courtroom.

Consequently, when a NJ traffic attorney raises these issues and objections at the appropriate stage of your speeding ticket trial, the prosecution will be left holding the proverbial bag and the evidence will not be allowed in court.

These are just a couple of the numerous defenses that the traffic ticket attorneys at The Botton Law Firm might use in order to get you the best possible results.

Who Should You Contact?

If you recently received a speeding ticket in New Jersey (NJSA 39:4-98), contact Michael Botton of The Botton Law Firm today at 732-894-3686. His team of trained speeding ticket attorneys will fight to get your points and fines reduced while saving you from an auto insurance hike.

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