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NJ - Speeding Question

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gotchaz

Junior Member
What is the name of your state? NJ

I just received a ticket going 53 on a 35 mph zone. The cop didn't pull me over until after the red light in which I slowed down for of course. Is that normal?

Also I started getting tons of lawyer emails for them to represent me, but I found it odd that they spelled my name wrong on the mailings (First name was spelled Jame, not James).

My wife was tired that night so I wanted to get home quickly, I usually don't drive that fast (didn't even know I drove that fast), there were no cars on the road around 2am in the morning.

Anyways I don't want to get a big hit on my Geico insurance, so any advice would help.

I was going to go to the court room on my court date and try to speak to the prosecutor and ask him if I can pay a surchange to get 0 points instead of 4 points. Is this a wise idea? I thank you so much in advance.

James
 


cepe10

Member
You can call or visit the court about probation before judgement - in MD district courts I have seen that is given out to almost everyone pleading guilty... assuming you can stay clean for a year or so - no points will go on your license.

Was it a laser or radar measurement? is there a notation of the distance anywhere on the ticket I.e 868 ft???

See the case law below for admissibility of evidence for NJ... If the LEO does not bring a certified current calibration report for the tuning forks or the laser gun to court you have a basis for dismissal



[32] As a general rule, in order for the reading speedmeter to be

admissible into evidence, it should be established that:



[33] 1. The device is scientifically reliable;



[34] 2. The particular speedmeter used in the case being tried is accurate;



[35] 3. The operator was qualified;



[36] 4. The device was operated properly in the case being tried.

[37] The scientific reliability of radar devices has been generally

established and need not be re-proven in every case.



[38] The accuracy of the particular speedmeter should be established by

more than one test. If a tuning fork is used, the accuracy of the tuning

fork must be established. Either more than one tuning fork at different

frequencies or speeds must be used, or in addition to one tuning fork, a

patrol car with a calibrated speedmeter (certified) should be driven

through the "zone of influence" at various speeds.



[39] The qualification of the operator may be shown by his completion

of a training program given by qualified instructors.



[160 NJSuper Page 244]



The proper operation of the device must be proved, usually by detailed

reference by the qualified operator to the procedure called for by the

manufacturer of the particular device.
 

jjoshua

Member
In some municipalities, you may have the option to talk to the prosecutor about pleading guilty to an unsafe operation charge which doesn't carry points but costs more in fines. Show up for traffic court and find out how things work.
 

Smiles

Member
gotchaz said:
The cop didn't pull me over until after the red light in which I slowed down for of course. Is that normal?
That's not abnormal. Maybe the officer wanted to see if there was anything else to cite you with, such as checking to see if you weaved or appeared intoxicated ... or ran the red light. ;)
 

gotchaz

Junior Member
Thanks for the advice Cepe10, the ticket only states that equipment was a speed measurement device, nothing about distance.

Jjoshua, I'm definitely going to find out how things work. =)

Smiles: yeah crossing a red light is a no no ;).

I guess the misspelled name can't dismiss the ticket! I wish it were that easy.
 

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