Speeding in NJ
Like every state, New Jersey has speed limits set as defaults that apply unless stated otherwise by the relevant authorities. Driving slower or faster than the stated speed limit is considered a moving violation. This is why it is important to observe the limits posted while driving.
You are also required to observe the speed limits for particular zones like residential areas (limit of 25mph), school zones (limit of 25mph), and business districts (limit of 35mph). The same applies to the freeway, with the urban freeway having a speed limit of 55mph, while the rural freeway is 65mph. Divided and undivided roads have a speed limit of 55mph.
Prevailing conditions like weather, state of the road such as approaching a railroad crossing, the top of a hill or driving on a winding or narrow road, call for a slower speed than indicated. These speeding rules apply to both residents and visitors driving in and out of the state.
Types of Speeding Laws in NJ
There are generally three types of NJ speeding laws — basic, presumed, and absolute speed laws. Absolute speed laws have statutes that set speed limits which, if exceeded, attract a violation circumstance, prevailing road conditions notwithstanding.
Presumed speeding laws or prima facie basically “presume” that you are driving over the speed limit that you can prudently contest using prevailing conditions like the road, the amount of traffic, and time of day. Basic speed laws, on the other hand, are where the officer on the ground can argue that you violated the rules depending on the prevailing conditions.
New Jersey Speeding Ticket
In New Jersey, speeding tickets are written by the relevant authorities in the hopes of curbing accidents. Aside from this main reason, counties and municipalities use them to generate revenue; therefore they are vigilant in this area. Each speeding ticket comes with a point offense ranging from two to eight with eight being the highest. This is determined by the type of speeding violation you have committed.
These tickets attract a hefty fine, which is why it is mandatory to keep your offense points below six. Driving slowly and obstructing traffic attracts two points while the same goes for not maintaining the required speed in a lane. Five points are awarded to violators who exceed speed limits of over 30mph. Going above a speed limit by 15mph but not exceeding 29mph over the posted limit is a four- point offense.
New Jersey Speeding Ticket Fines
A person violating the traffic laws that govern speed might be fined $50 – $200, or they might be sentenced to a jail term that doesn’t exceed 15 days. The person violating the law can also have their license suspended for 30 – 180 days. NJ speeding ticket penalties are more severe for repeat offenders, with the point system playing a major role in determining the fines.
The more offense points on your record, the higher the penalty and the consequent suspension period. Accumulating 12 points on your driving license may lead to a suspension. Sometimes a speeding ticket might be accompanied by a reckless driving ticket especially when driving 30mph above the speed limit or driving over 90mph, compounding the matter further.
Speeding Ticket Defense
The laws surrounding a speeding ticket are pretty straightforward making it hard to contest when you are found in violation. This is why many people offer to pay the ticket rather than draw out the process in court. However, there are some circumstances surrounding the violation that give one grounds to contest, which is why it is important to know the various speed laws. The most common defense is usually to argue that the sign showing the speed limit wasn’t clear, which mostly applies at crossroads, driving on a winding or narrow road, driving towards the top of a hill and so forth.
Speeding Ticket Defense Lawyers NJ
Hiring an attorney with exceptional experience in these speeding violation matters is the first step to take if you are looking into contesting the issue. The Law Office of Benjamin Friedman can, for instance, cite the incompetence of the officer and the method that checked the speed limit. The equipment used can sometimes be faulty or poorly maintained causing a false reading that can corrupt the evidence against you.
We can also claim the officer stopped the wrong vehicle, this is not common but does happen under certain circumstances. Speed violations in New Jersey can also occur when one is trying to avoid an accident that is another defense we can take. Other conditions that can cause NJ speeding violations include the condition of the road, the weather, the time of day and the conduct of other road users, etc.
Such conditions can form a basis for a good defense for your case. Thus, if you feel your ticket was wrongly administered and you live in New Jersey, feel free to consult us for legal guidance before proceeding any further.