A Strategic Traffic Ticket Defense After Getting Caught Speeding
Here at The Law Offices of Anthony N. Palumbo, we understand that everybody is in a hurry. If law enforcement cites you for speeding, however, the impact is much greater than 15 minutes of your time and a traffic fine.
If you have received a speeding summons, speeding citation, or speeding ticket in New Jersey, you need an experienced traffic lawyer on your side to protect your record and driving privileges.
I am attorney Anthony N. Palumbo, and I have fought for New Jersey drivers for over 35 years. As a criminal defense attorney, chief public defender, and former Union county and Cranford NJ prosecutor, I know the most effective defense strategies against speeding violations.
Call 908-643-6801 for a free initial consultation about your speeding or traffic offenses. I represent drivers throughout New Jersey including the counties of Monmouth, Somerset, Essex, Union, and Middlesex.
New Jersey Speeding Ticket Law
Under N.J.S.A. 39:4-98, the New Jersey Legislature has set forth the following requirements for driving in New Jersey:
- School: When driving through a school zone while the children are out, when children can be seen from the road, or when children are coming or going from school, a person must not drive faster than 25 MPH.
- Business or Residential District: A person must not drive faster than 35 MPH.
- All other locations: A person not within a 65 MPH speed zone must not drive faster than 50 MPH.
These requirements will apply unless the county, state or municipality has set a different speed limit.
Reduction Of Speed Required
Under certain circumstances, a driver may be required by law to reduce their speed even when they are driving within the confines of the speeding limit. This can include situations such as:
- Coming up on an intersection
- Driving over a railroad crossing
- Going around a curb
- Coming to the top of a hill
- Driving on a narrow/winding road
- Driving when dangers to pedestrians exist (such as bad weather)
Defending Your Charge
If you decide to pay the ticket without consulting an experienced speeding ticket lawyer, you are, in effect pleading guilty to the violation. You may have to pay more down the road in increased insurance costs, depending on how fast you were going. That is why it always best to seek counsel from a lawyer for traffic violations.
For the prosecution to obtain a conviction for speeding, it must be shown that the speed limit posted on the sign was in accordance with the state statute regulating speed. One very common defense to a speeding ticket is for a criminal defense attorney to show that the state, county, or municipality never approved the speed limit on the sign.
If you can successfully demonstrate this deviation, the speeding charges must be dropped. That is one reason why it is so important to have an experienced New Jersey speeding ticket lawyer on your side.
Points And Fines If Convicted
If you reach 12 points on your license in New Jersey, it can be suspended. Therefore, it is very important that you consult with a speeding ticket attorney before pleading guilty to a ticket.
In New Jersey, moving violations can add up quickly:
- Failure to yield to a pedestrian in a crosswalk: 2 points
- Failure to observe traffic signals: 2 points
- Going 1 to 14 mph over the speed limit: 2 points
- Going 15 to 29 mph over the speed limit: 4 points
- Going 30 mph or more over the speed limit: 5 points
- Racing on a New Jersey highway: 5 points
In addition to receiving one of the tickets above, you can also receive a Reckless Driving ticket if the officer believes that your speed was so high that it became reckless. A ticket for reckless driving carries 5 additional points on your license if convicted. This additional charge often occurs when an individual is driving over 30 mph higher than the speed limit or over 90 mph.
In addition to the points you may obtain on your license if you are convicted of speeding, you must also pay a fine. Under certain circumstances, the fines that attach to speeding tickets can be doubled. These circumstances are as follows:
- A driver is driving at least 20 MPH over the speed limit.
- A driver is speeding where the limit is 65 MPH
- A driver is speeding in a construction area
These violations can also result in a 15-day jail sentence.
Use of Radar and Laser
Evidence produced by a radar or laser that demonstrates an individual’s driving speed is permitted in the New Jersey court if certain procedures are followed. An experienced traffic lawyer will be able to identify if those procedures have been properly followed or if that evidence should not be admitted in court.
New Jersey courts accept the K-55 radar (which is the most common radar in New Jersey) as a reliable measurement of speed so long as it is operated properly. But to obtain a conviction of speeding using evidence produced by a radar, the prosecution must meet certain burdens.
For example, the prosecution must show that the officer who utilized the radar had a current operator’s card, and the prosecution must present this card at trial. Additionally, to prove that the radar was operated correctly, the prosecution must provide calibration and tuning fork certificates to prove that the radar was both tested and working properly.
Just like the use of a radar, the use of a laser to determine speed is also allowed in New Jersey Courts so long as certain guidelines are followed.
The guidelines are like those followed for the operation of a radar. For example, the prosecution must prove that the officer utilizing the radar was correctly trained to use it and that certain operation procedures were followed before the laser was used. The prosecution must also show that it was used properly. Unlike radar, the laser is more sensitive and cannot be used at long distances or when there is a great deal of rain or snow unless there is expert testimony to support its accuracy.
An experienced New Jersey speeding defense attorney will scrutinize your case carefully and if there is any evidence that a radar or laser has been misused, this evidence can be used to refute the prosecution’s case.
If you are not from New Jersey and have received an out-of-state speeding ticket, it is imperative that you contact an experienced attorney in New Jersey. Under Statute 39:4-9.1, New Jersey has reciprocity with most states, so your ticket will not just disappear when you leave the state. In most cases, it will follow you home. I can help you resolve your out-of-state ticket and even appear in court on your behalf, so you won’t have to waste time traveling from home.
If you have been charged with speeding or have received a speeding citation, ticket or speeding summons, I am here to walk you through your case. Contact The Law Offices of Anthony N. Palumbo today at 908-643-6801 for a free initial consultation from a traffic court lawyer. I will give you an honest assessment of your case, and challenge whether any evidence collected against you may be contested in court. Do not plead guilty to a ticket without consulting an experienced traffic ticket attorney first.