A Strategic Defense After Getting Caught Speeding
If you have received a speeding summons, speeding citation, or speeding ticket in New Jersey, Anthony N. Palumbo, partner at The Law Offices of Anthony N. Palumbo and New Jersey Speeding Ticket Attorney can help. With over 35 years as a criminal trial lawyer, Anthony N. Palumbo has the experience you need to handle speeding violations and other traffic related offenses throughout New Jersey.
In addition to Anthony N. Palumbo’s experience as a criminal defense attorney, he is also a former prosecutor and current public defender. Contact Anthony N. Palumbo, New Jersey Speeding Ticket Lawyer today at 908-643-6801 for a free initial consultation about your speeding or traffic offenses. He represents clients throughout New Jersey including the counties of Monmouth, Somerset, Essex, Berkeley, Union, and Middlesex.
New Jersey Speeding Ticket Law
Under N.J.S.A. 29:4-98, 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 MPR.
- Business or Residential District: A person must not drive faster than 25 MPR
- All other locations: A person, not within a 65 MPR speed zone must not drive faster than 50 MPR.
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. The following circumstances are as follows:
- Coming up on an Intersection
- Railroad crossing
- Going around a curb
- Coming to the top of a hill
- On a narrow/winding road
- When dangers to pedestrians exist i.e. bad weather
Defending Your Charge
In order 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 a New Jersey Speeding Ticket Attorney is successful in demonstrating 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.
Points And Fines If Convicted
It is important to know how many points you have on your license because if you reach 12 points on your license, it can be suspended. Therefore, it is very important that you consult with an experienced New Jersey Speeding Ticket Attorney before pleading guilty to a ticket.
In New Jersey, if you are driving:
- More than 1-14 mph over the speed limit = 2 points
- More than 15-29 mph over the limit = 4 points
- More than 30 mph over the speed limit = 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 MPR over the speed limit.
- A driver is speeding where the limit is 65 MPR
- A driver is speeding in a construction area
These violations can also result in a 15 days 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 New Jersey Speeding Ticket 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 commonly used radar in New Jersey as a reliable measurement of speed so long as it is operated properly. In order 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, in State v. Cardone, 146 N.J. Super 23 (App.Div.1976), the New Jersey Court held that in order 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 correctly. An experienced New Jersey speeding attorney can make a serious impact on your case by providing evidence, if possible, that refutes the prosecution’s burden that the radar evidence is reliable.
Just like the use of a radar, the use of a laser as a means to demonstrate speed is also allowed in New Jersey Courts so long as certain guidelines are followed. The guidelines are similar to 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. Also the prosecution must show that it was used properly i.e. evidence produced by the laser cannot be used if it is taken from a distance of 1,000 feet or more. Unlike the radar, the laser is more sensitive and cannot be used 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 the laser has been misused, will use this evidence to refute the prosecution’s case.
Out of State Drivers
If you are not from New Jersey and have received an out-of-state speeding ticket it is imperative that you contact an experienced New Jersey Speeding Ticket Attorney. 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, but in most cases, it will follow you home. Anthony N. Palumbo 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, Anthony N. Palumbo, New Jersey Speeding Ticket Lawyer of The Law Offices of Anthony N. Palumbo can assist you with your case. Contact him today at 908-643-6801 for a free initial consultation. He 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 New Jersey Speeding Ticket Attorney.