Elizabeth, NJ Speeding Ticket Attorney

Speeding is one of the most common traffic violations in New Jersey that can result in fines, points, and insurance hikes. If you have been charged with speeding, you may be wondering what it means, what are the consequences, and how you can fight it. In addition to receiving a speeding ticket, you might also face a leaving the scene of an accident ticket, careless driving ticket, reckless driving ticket, or a driving with a suspended license ticket. If you or a loved one is facing a speeding ticket in New Jersey, then you should consider contacting Attorney Brett M. Rosen.  Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a speeding ticket in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential NJSA 39:4-98 case. In this guide, we will provide you with some insight on how to deal with leaving the scene of an accident ticket in New Jersey.

What is Speeding in New Jersey?

According to New Jersey Law Section 39:4-98, speeding is defined as:

A person who drives a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, shall be guilty of careless driving.

Speeding is a broad and subjective term that can cover a variety of situations. The speed limit may vary depending on the type of road, the location, the time of day, the weather, the traffic, and other factors. The speed limit may also be reduced in certain areas, such as school zones, construction zones, and safe corridors.

The following are the general speed limits in New Jersey, unless otherwise posted:

• 25 miles per hour in school zones
• 25 or 35 miles per hour on certain portions of Route 130 in Burlington City
• 25 miles per hour in residential and business districts
• 35 miles per hour in suburban business and residential districts
• 55 miles per hour in all other locations that are not designated 65-mile-per-hour zones
• 65 miles per hour on certain interstate highways and toll roads

What are the Penalties for Speeding in New Jersey?

If you are convicted of speeding in New Jersey, you may face the following penalties:

• A fine of $50 to $200 for a first offense, or $100 to $500 for a second or subsequent offense
• Court costs of $33
• A possible surcharge of $150 or more if you accumulate six or more points within three years
• A possible increase in your insurance premiums
• A possible suspension of your driver’s license for a period of time determined by the court

The penalties for speeding may vary depending on the circumstances of the case, such as the severity of the offense, the presence of an accident or injury, the number of prior violations, and the discretion of the judge.

The following are the points that are added to your driving record for speeding violations in New Jersey:

• Driving 1-14 mph over the speed limit: 2 points
• Driving 15-29 mph over the speed limit: 4 points
• Driving 30 mph or more over the speed limit: 5 points

The points are doubled for violations involving driving at least 20 miles per hour over the limit or at least ten miles per hour over a 65-mile-per-hour limit.

How to Fight a Speeding Ticket in New Jersey?

If you have received a speeding ticket in New Jersey, you have the right to plead not guilty and contest the charge in court. You may have several defenses available, depending on the facts of your case. Some possible defenses are:

• Challenging the evidence or the testimony of the officer or the witness
• Showing that you were driving with due care and caution under the conditions
• Proving that you had a valid reason or excuse for your driving behavior
• Negotiating a plea bargain with the prosecutor to reduce the charge or the penalties

To fight a speeding ticket in New Jersey, you may need the help of a professional attorney who has experience and expertise in traffic law. An attorney can advise you on the best course of action, represent you in court, and protect your rights and interests. Contact our office today for a consultation regarding your New Jersey speeding ticket.

Frequently Asked Questions (FAQs) 

1. How do police measure a driver’s rate of speed in New Jersey?

   • Police typically use four methods:
     • Visual estimate: An officer estimates your speed by sight.
     • Pacing: An officer follows your car at the same speed and checks their speedometer.
     • Radar: A radar gun calculates your speed.
     • Laser: A laser gun calculates your speed.

2. Why is the concept of hearsay important in challenging a speeding ticket?

   • Hearsay is a legal rule that bars testimony quoting someone other than the witness. It’s crucial because if an officer testifies based on what another person said, you can object to this as hearsay.

3. What is pacing and how can it be challenged?

   • Pacing is when an officer follows a suspect’s car to estimate its speed. Challenges can include inadequate distance for pacing or interference by road conditions like hills or curves.

4. How can pacing be inaccurate?

   • Pacing can be inaccurate due to factors like the distance between the cars, road conditions, and the officer’s failure to maintain a constant distance for a reasonable time.

5. What are the penalties for a speeding ticket in New Jersey?

   • Penalties can include fines, points on your license, and potential insurance rate increases. Accumulating 12 or more points can result in a license suspension.

6. Can I dispute a speeding ticket in New Jersey?

   • Yes, you have the right to challenge a speeding ticket. This can be done by questioning the accuracy of the speed measurement or the method used by the officer.

7. What should I do if I receive a speeding ticket in New Jersey?

   • Consider whether to pay the ticket or challenge it in court. If challenging, gather evidence and possibly consult with a lawyer to discuss your options.

8. How does a speeding ticket affect my driving record in New Jersey?

   • Speeding tickets add points to your driving record, which can lead to increased insurance premiums and the risk of license suspension with enough accumulated points.

9. Are there any ways to reduce the impact of a speeding ticket in New Jersey?

   • You may attend a defensive driving course to remove points or negotiate a plea for a lesser offense that carries fewer points and lower fines.

10. What are the speed limits in different areas of New Jersey?

    • Speed limits vary by location, such as 25 mph in school zones, 35 mph in suburban business and residential districts, and up to 65 mph on certain state highways.

11. Is pacing accurate if it is done during dusk or at night?

    • Pacing can be less accurate during low visibility conditions such as dusk or night. Factors like glare from headlights, reduced visibility, and the officer’s reliance on headlights to judge distance can affect accuracy.

12. How do road conditions affect pacing?

    • Road conditions such as hills, curves, traffic lights, and stop signs can impact the accuracy of pacing. For example, an officer may lose sight of a vehicle at a curve or may not have paced the vehicle for a reasonable distance if the ticket was issued shortly after the vehicle started from a stop sign or light.

13. How does radar work?

    • Radar uses radio waves to detect the speed of a moving object. It sends out a signal that bounces off the vehicle and returns to the radar gun, which then calculates the speed based on the change in frequency of the returned signal.

14. How is radar used in speed enforcement?

    • Officers use radar guns to measure the speed of vehicles. The radar gun emits a radio wave that reflects off a moving vehicle and returns to the device. The radar gun then calculates the speed based on the Doppler effect.

15. Can I plead no contest to an NJ speeding ticket?

    • New Jersey does not offer the option to plead no contest to traffic tickets. Drivers must either admit guilt, plead not guilty and fight the charges, or accept a plea deal from the prosecutor.

16. What are the fines for speeding in New Jersey?

    • Speeding fines in New Jersey depend on how much you exceeded the speed limit and where the violation occurred. Fines are doubled in school and construction zones, and exceeding the limit by 15+ mph also leads to points on your license.

17. Are there different types of speed limits in New Jersey?

    • Yes, New Jersey has both basic and presumed speed limits. The basic speed limit is the maximum safe speed under current conditions. Presumed speed limits are the posted limits on roads, and exceeding these can result in a ticket.

18. What should I do if I want to fight a speeding ticket in New Jersey?

    • If you decide to fight a speeding ticket, you should gather evidence such as photographs of the location, witness statements, and any relevant records. It may also be beneficial to consult with a traffic attorney who can help you navigate the legal process.

19. How many points will I get on my license for a speeding ticket in New Jersey?

    • The number of points depends on how much you were exceeding the speed limit. For example, exceeding the limit by 1-14 mph results in 2 points, while 15-29 mph over the limit results in 4 points. Going 30 mph or more over the limit results in 5 points.

20. Can I attend traffic school to remove points from my license in New Jersey?

    • Yes, attending a state-approved traffic school can remove 2 points from your license. However, you can only benefit from this reduction once every five years.

21. What is the New Jersey point system for speeding violations?

    • New Jersey’s Motor Vehicle Commission (MVC) assigns points for speeding based on how much you exceed the speed limit. The points range from 2 to 5, and accumulating 6 or more points within 3 years can result in surcharges, while 12 points can lead to license suspension.

22. How can I reduce points on my New Jersey driving record?

    • Points can be reduced by staying violation-free for a certain period or by completing a state-approved defensive driving course, which can remove 2 points from your record.

23. What defenses are available if I’m charged with speeding in New Jersey?

    • Defenses may include challenging the accuracy of the speed measurement device, questioning the officer’s observation and pacing technique, or proving that the posted speed limit was not approved by the state, county, or municipality.

24. Can I negotiate a plea bargain for a speeding ticket in New Jersey?

    • Yes, it’s possible to negotiate a plea to a lesser offense that carries fewer points and fines. This is often done with the help of a traffic attorney.

25. What are the consequences of paying a New Jersey speeding ticket without contesting it?

    • Paying the ticket is an admission of guilt, which results in points being added to your driving record, potential insurance rate increases, and fines. It’s important to consider these consequences before deciding to pay the ticket.

26. How long do points from a speeding ticket stay on my New Jersey driving record?

    • Points remain on your driving record indefinitely, but they only impact insurance premiums and surcharges for three years. However, the record of the violation itself remains permanent.

27. What should I do if I receive a speeding ticket in a school zone in New Jersey?

    • Speeding in a school zone carries higher fines and points. If you receive such a ticket, it’s crucial to understand the potential penalties and consider consulting with a traffic attorney to explore your options.

28. Are there any special rules for new drivers regarding speeding in New Jersey?

    • New drivers in New Jersey are subject to the Graduated Driver License (GDL) program, which imposes stricter penalties and restrictions. Accumulating points can lead to an extended probationary period or mandatory participation in a Probationary Driver Program.

29. Can out-of-state drivers be penalized for speeding in New Jersey?

    • Yes, out-of-state drivers can face the same penalties as New Jersey residents. Additionally, New Jersey’s points can be transferred to the driver’s home state if both states are members of the Driver License Compact.

30. What happens if I ignore a speeding ticket in New Jersey?

    • Ignoring a speeding ticket can result in additional fines, a warrant for your arrest, and a possible suspension of your driving privileges. It’s important to address the ticket promptly.

31. What is the cost of a speeding ticket in New Jersey?

    • The cost of a speeding ticket can vary greatly depending on how much you were exceeding the speed limit and where the violation occurred. Fines start at $85 for 1-14 mph over the limit and can exceed $200 for higher speeds, especially in school or construction zones.

32. Are there any additional fees associated with paying a speeding ticket online in New Jersey?

    • Yes, when paying a speeding ticket online through NJMCdirect.com, a service fee is added to the penalty amount. This fee is 3% of the total amount due.

33. What are surcharges, and how do they apply to speeding tickets in New Jersey?

    • Surcharges are additional fees imposed on drivers who accumulate six or more points on their driving record within three years. For example, accumulating 6 points triggers an annual surcharge of $150 plus $25 for each additional point.

34. How can I avoid getting points on my New Jersey driving record from out-of-state speeding violations?

    • If you receive a speeding ticket in another state, New Jersey will typically add two points to your driving record, regardless of the speed. However, the actual impact may vary depending on the specifics of the interstate agreement and the violation.

35. What happens if I accumulate too many points on my New Jersey driving record?

    • If you accumulate 12 or more points on your driving record, you may face a license suspension. Additionally, accumulating 6 points within three years results in surcharges, and points can lead to increased insurance premiums.

36. Can I fight a speeding ticket if I believe the posted speed limit was incorrect or not clearly visible?

    • Yes, you can challenge a speeding ticket by arguing that the speed limit sign was obscured, missing, or incorrect. Evidence such as photographs or witness statements can support this defense.

37. What should I do if I’m an out-of-state driver and receive a speeding ticket in New Jersey?

    • As an out-of-state driver, you should respond to the ticket as if you were a New Jersey resident. This means either paying the fine or contesting the ticket in court. Keep in mind that points from the ticket may transfer to your home state’s driving record.

38. Is it worth hiring a lawyer for a speeding ticket in New Jersey?

    • Hiring a lawyer can be beneficial, especially if you have multiple violations, are at risk of license suspension, or have a commercial driver’s license. A lawyer can help negotiate a plea deal or represent you in court to challenge the ticket.

39. What are the long-term consequences of a speeding ticket on my driving record in New Jersey?

    • Long-term consequences include points on your driving record, potential increases in insurance premiums, and the risk of license suspension with future violations. Points from speeding tickets can affect your driving privileges for three years.

40. How does a speeding ticket affect commercial drivers in New Jersey?

    • Commercial drivers may face stricter penalties and higher standards for speeding violations. A speeding ticket can lead to higher fines, increased points, and potential impacts on their professional driving career.

If you or a loved one is facing a speeding ticket here in New Jersey, please give our office a call today for a consultation. 

Premier New Jersey Speeding Ticket Lawyer

Speeding is a serious traffic violation in New Jersey that can have negative consequences for your driving record, your finances, and your freedom. If you have been charged with speeding, you should not take it lightly or ignore it. You should consult with a qualified attorney and explore your options to fight the charge and minimize the impact on your life. If you are facing a speeding ticket in New Jersey, you might want to hire Brett M Rosen as your lawyer because he has:

• 8 years of experience in criminal law, including speeding and traffic ticket cases.
• A 10.0 rating on Avvo, a website that evaluates lawyers based on their skills, reputation, and reviews.
• A track record of getting speeding tickets dismissed or reduced for his clients, saving them from points, fines, and insurance surcharges.
• A free consultation offer, where you can discuss your case with him and get his honest opinion and advice.

These are some of the reasons why Brett M Rosen might be a good choice for your speeding ticket case. Contact our office today for a consultation.