Brett M. Rosen, Esq.: Your Elizabeth, NJ Speeding Ticket Defense Attorney
Facing a speeding ticket in Elizabeth, New Jersey? Don’t navigate the complex legal system alone. Brett M. Rosen, Esq. is an experienced attorney handling traffic violations, including speeding tickets, in Elizabeth Municipal Court and throughout Union County. He provides aggressive and knowledgeable defense to protect your driving record, insurance rates, and even your freedom. Contact him today at 908-312-0368 & brett@nynjcriminalcivilesq.com.
100 Jefferson Ave., Suite 301, Elizabeth, NJ 07201
Understanding Speeding Tickets in Elizabeth, New Jersey (N.J.S.A. 39:4-98)
New Jersey’s speeding laws are outlined in N.J.S.A. 39:4-98. Exceeding the posted speed limit can lead to significant penalties, including fines, points on your license, and potential license suspension. The severity of the penalties depends on how much you were exceeding the limit.
Penalties for Speeding in Elizabeth, NJ (N.J.S.A. 39:4-98):
| Speeding Violation (Miles Per Hour Over Limit) | Fines (Approximate, may vary) | Motor Vehicle Points | Potential License Suspension |
| 1-9 mph over | $85 – $105 | 2 | Discretionary (Rare) |
| 10-14 mph over | $95 – $205 | 2 | Discretionary (Rare) |
| 15-19 mph over | $105 – $220 | 4 | Discretionary |
| 20-24 mph over | $200 – $240 | 4 | Discretionary |
| 25-29 mph over | $220 – $260 | 4 | Discretionary |
| 30-34 mph over | $240 – $280 | 5 | Likely |
| 35-39 mph over | $260 – $350+ | 5 | Very Likely |
| 40+ mph over | Court Determined + Surcharges | 5 (or more) | Highly Likely, possibly jail |
Important Notes:
- Fines are doubled in designated “Safe Corridors” and 65 mph zones.
- Court Costs: Additional court costs and fees will apply.
- Surcharges: Accumulating 6 or more points within 3 years results in substantial annual surcharges from the New Jersey Motor Vehicle Commission (NJMVC).
- License Suspension: The judge has discretion to suspend your license, especially for higher speeds. Accumulating 12 or more points guarantees a suspension.
- Out-of-State Drivers: NJ reports speeding convictions to other states, potentially impacting your driving privileges in your home state.
How Elizabeth Police Measure Speed
Elizabeth Police officers utilize several methods to determine your speed:
- RADAR (Radio Detection and Ranging): The most common method. Radar guns emit radio waves that bounce off your vehicle. The device calculates speed based on the change in frequency of the returning waves (Doppler effect). Radar can be used from stationary or moving patrol cars.
- LIDAR (Light Detection and Ranging): LIDAR uses laser light pulses to measure distance and calculate speed. It’s more precise than radar and can target a specific vehicle in traffic.
- VASCAR (Visual Average Speed Computer and Recorder): VASCAR calculates speed by measuring the time it takes a vehicle to travel a known distance. The officer manually inputs the distance and time into the device.
- Pacing: An officer can follow your vehicle at a constant distance and use their own speedometer to estimate your speed. This is less precise but still legally permissible.
- Aircraft: Speed can be measured using aircraft in conjunction with markings on the roadway.
Potential Defenses Against Speeding Tickets in Elizabeth, NJ
While a speeding ticket might seem straightforward, there are often viable defenses. Possible options, which may include:
- Radar/LIDAR Calibration Errors: Radar and LIDAR devices require regular calibration and maintenance. If the device was not properly calibrated, the readings may be inaccurate. Mr. Rosen can request calibration records and challenge the accuracy of the device.
- Officer Error: Mistakes happen. The officer may have targeted the wrong vehicle, misread the device, or made other procedural errors.
- Obstruction of View: Obstructions like trees, signs, or other vehicles can sometimes interfere with radar or LIDAR readings.
- Improperly Posted Speed Limit: If the speed limit sign was missing, obscured, or improperly placed, it may be a valid defense.
- “Mistake of Fact”: In very limited circumstances, a genuine and reasonable mistake about the speed limit might be a defense.
- Necessity/Emergency: If you were speeding due to a genuine emergency (e.g., rushing someone to the hospital), it might be a defense, but this is a very high bar to meet.
- Pacing Challenges: Pacing is subjective. Mr. Rosen can challenge the officer’s distance estimation and consistency.
- VASCAR errors: Operator error, improper distance measurement.
- Chain of Custody of Evidence: Properly document and preserve any evidence that could be used.
The best defense strategy depends on the specific facts of your case.
Frequently Asked Questions (FAQ) about Speeding Tickets in Elizabeth, NJ
Q: Should I just pay the speeding ticket?
A: Paying the ticket is an admission of guilt. This will result in points on your license, increased insurance premiums, and potential surcharges. Consulting with an attorney like Brett M. Rosen, Esq. before paying the ticket is highly recommended.
Q: Can I represent myself in court?
A: You have the right to represent yourself, but it’s generally not advisable. Traffic court has specific rules and procedures. An experienced attorney understands these rules and can effectively advocate for you.
Q: Will I lose my license if I get a speeding ticket?
A: It depends on the severity of the speeding violation and your prior driving record. Higher speeds and accumulated points increase the risk of suspension.
Q: Can Brett M. Rosen, Esq. get my ticket dismissed?
A: While no attorney can guarantee a specific outcome, Brett M. Rosen, Esq. can hopefully negotiate reduced charges, dismissals, and/or alternative resolutions for his clients.
FAQs Continued
Q: What are the long-term consequences of a speeding ticket?
A: Beyond fines and points, speeding tickets can lead to: * Increased insurance premiums (potentially for years). * License suspension. * Difficulty obtaining certain jobs (e.g., those requiring a clean driving record).
Q: What is the “Unsafe Driving” plea bargain (N.J.S.A. 39:4-97.2)?
A: This is a common plea bargain in New Jersey. It allows you to plead guilty to a “no-point” offense, but it carries a higher fine and is only available a limited number of times. Mr. Rosen can advise you on whether this is a suitable option.
Q: How much does it cost to hire Brett M. Rosen, Esq.?
A: Legal fees vary depending on the complexity of the case. Contact Brett M. Rosen, Esq. for a consultation to discuss your specific situation and receive a fee quote.
Q: What areas does Brett M. Rosen Serve?
A: Brett M. Rosen Serves all of Union County.
Contact Brett M. Rosen, Esq. Today
Don’t let a speeding ticket jeopardize your driving privileges and financial well-being. Contact Brett M. Rosen, Esq. for a free and confidential consultation. He will review your case, explain your options, and fight for hopefully the best possible outcome.
908-312-0368
Important Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult with a qualified attorney for specific legal guidance regarding your situation.
Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.