New Jersey Traffic Ticket Lawyer

Speeding Violation

Speeding in violation of N. J. S. A. 39:4-98 is one of the most commonly cited motor vehicle infractions. A speeding conviction can carry very serious consequences. A driver found guilty of speeding will be fined from $50 to $200, and if the Court feels it is warranted, a jail term of up to 15 days can also be imposed. The extent to which the speed exceeded the posted speed limit can impact the penalty since the fine for traveling 20 MPH or more over the posted speed limit is double the amount specified by law. The Court also has the power to suspend an operator's driving privileges for a speeding violation, or for any moving motor vehicle violation, if the Court finds that the offending conduct was "willful." The higher the speed, the greater the likelihood that the Court will find the conduct willful.

The location of the offense may also increase the penalty. For example, the fine must be doubled for traveling 10 MPH or more over the speed limit in a 65 MPH speed zone or for speeding in a construction zone, or in a safe corridor area. In addition to increasing the fine, the speed and the location of the offense, such as whether it occurred in a school zone or in a residential area, will have a substantial impact on the Court's decision concerning whether to impose a jail term or a license suspension. The Court can also consider the operator's driving history in making this decision.

The Motor Vehicle Commission (MVC), formerly known as the Department of Motor Vehicles (DMV), will assess penalty points for a speeding conviction and the driver's insurance company will assess insurance eligibility points. The number of motor vehicle points varies from two to five depending upon the amount by which the driver's speed exceeded the posted speed limit. Therefore, in addition to the penalties imposed by the Court, the motor vehicle points may result in the assessment of surcharges and they may also trigger action by the Motor Vehicle Commission resulting in the loss of driving privileges. To protect yourself against these penalties, consult with a caring and skilled New Jersey traffic ticket attorney.

The Motor Vehicle Commission may seek to suspend the driver's license even if the Court does not do so. The insurance eligibility points may also result in a substantial increase in insurance costs. Therefore, in deciding how to deal with a speeding charge all defense options should be explored, especially when the alleged speed is high, and when the motor vehicle points assigned if there is a conviction could put the driver's license at risk because of the his or her driving history.

Challenging a Traffic Ticket

New Jersey Courts have held that a vehicle's speed may be reliably determined in different ways, such as by radar-based devices such as the K-55 radar unit, or by a laser-based device such as the LTI Marksman 20-20 unit. When the police have used one of these devices the prosecution must establish that specific technical prerequisites have been satisfied before the device's speed reading can be used to prove the violation. A vehicle's speed may also be determined by an officer pacing the subject vehicle in a patrol car. Such evidence must be supported by, among other things, proof that the patrol car's speedometer was accurate. Therefore, when a speeding violation is to be challenged, care must be taken to ensure that the state can satisfy all of the applicable preconditions for the admission of the results of whatever speed testing method the police used in the case in question.

The defense of a speeding charge requires a careful examination of any documents detailing the police officer's account of the incident and the circumstances leading up to the charge from the driver's point of view. If after doing this it is determined that the police may not be able prove the charge, then a trial may be warranted. At The Law Offices of Allan Marain, we are fully prepared to take your case to trial for this offense as well as any other traffic charge such as running a red light, stop sign violations, driving with a suspended license, DWI, failing a breath test and vehicular manslaughter. We will utilize our 70 years of combined experience in defending you against the traffic ticket that you received. We also serve the residents of Middlesex County and New Brunswick.

Contact a New Jersey traffic ticket lawyer for effective defense against a speeding violation charge.