80 in 55 by pace in NJ

What is the name of your state? New Jersey

I wanna tell you the entire story so you know exactly what happened.

I was on my way home from school and I was on route 287 north (coming from the parkway) at about 10:20pm and I was behind a large group of cars and no one was in the fast lane. (my stomach wasn't doing to well since I work and school full time; I have no "me" time) so I decided to take everyone over and then slow to about 5/10 mph over. I hit the gas and drove past everyone. After i past everyone (which they were going about the speed limit, but my exit was coming up), I got back over into the slow lane (didnt shoot across all the lanes, did it properly) When I began to pass everyone, it was a 3 lane highway. When I did passs everyone and got over, it was a 5 lane highway. So when I got back over, I was in the middle lane. when I coasted back to about 60/65, I noticed a car pretty close behind me and he had an amber light in his window. Right there, I knew it was a state trooper. I cruse a bit and about a mile down the road (right before my exit) he put his lights on and pulled me over. He came to the car and asked me if I knew why he pulled me over, I said I might of been going a bit fast. He asked him how fast I was, I said 75. He asked me why, I said "to be honest, I have to go bathroom." I then told him I've never been pulled over for a moving voliation before (which is very true) and he said he would be right back (he had a partner too) He came back and gave me a ticket for 80 in a 55 and had the equipment as "paced". I know I did get to 80 and I know he didn't pace me at even 75 like i know I did do. By the time he got behind me, there was no time for him to pace me. also...my entire "speeding" was maybe a half mile if that. How should I go about doing this? I plead not guilty and had my 1st court date moved back. My next court date (which the lady said I must go to this time) is jan 2, 2007. Should I talk to the prosicutor and have it to minor ticket like no seat belt or is that too low and just ask for unsafe driving? The ticket now carries 4 points. I deff don;t need that right now. Thanks in advance.

oh, and not that it matters, but when I did speed, it was 55 and a mile down it turns to 65

Unfortunately officers are free to "pull a number out of their butt" I think the normal is to embelish by at least 5 mph...gives them a buffer

Regardless of the sign - since it was close make sure the area you were in was really 55 and not 65
http://www.state.nj.us/transportation/refdata/traffic_orders/speed/rt287.shtm

See State v. Tropea:

By virtue of the State's failure to have offered any evidence of the applicable speed limit, the Appellate Division's reversal of defendant's conviction must be affirmed. See State v. Ring,85 N.J. Super. 341, 343 (App. Div. 1964), certif. den., 44 N.J. 407, cert. den., 382 U.S. 812, 86 S. Ct. 24, 15 L. Ed. 2d 60, reh. den., 382 U.S. 933, 86 S. Ct. 306, 15 L. Ed. 2d 344 (1965). In light of this disposition of the sufficiency-of-evidence question, we need not consider defendant's alternative argument that the State failed to offer adequate proof that the speed radar device was properly calibrated.

The second point of attack may be the speedometer calibration on the patrol car and then then if the length of pacing was adequate; see the highway safety deskbook by the national highway transportation safety administration for the applicable guidelines...

cepe....since it seems like you know what your talking about. Do you think take nothing more then a seat belt ticket? Or would unsafe be enough?

also, since I was passing, don't I get some sort of time where I can go above the speed limit?

also, could you please explain in better words what the state vs. Tropea means?

thanks for the info

oh! also, would it be a good idea to talk to the prosicutor a few days before my court date?

LWPAT is more knowledgeable on plea deals -hopefully he can add something on that, you can try with the DA...

Since that road changes speed limit a lot if the officer does not present evidence as to what the speed limit was excatly where he paced you, at the trial you can object as to no limit being established in the case... Certainly you want to show the court that the SL could have been 65 mph which narrows the amount over...State vs. Tropea is the case law.

You would also need to challenge the patrol cars speedometer if you want to knock the 80 mph down to a more reasonable number.

65 is a max. in NJ in any event and unforunately going over to pass isn't allowed by statute:
http://www.mit.edu/~jfc/laws.html#mixed

I think NJ has a deal where you can pay an extra 250.00 and the ticket will not go on your record. This is probably your best alternative since you admitted to speeding. Check with the clerk and see if this is available. This will be much cheaper than the insurance increase. I think NJ has the highest rates of any state.

lwpat said:

I think NJ has a deal where you can pay an extra 250.00 and the ticket will not go on your record. This is probably your best alternative since you admitted to speeding. Check with the clerk and see if this is available. This will be much cheaper than the insurance increase. I think NJ has the highest rates of any state.

Click to expand...

oh-yea...NJ does indeed have the highest rates.

I did hear recently that nj just passed a law where you get 2 strikes without points going on your record...the 3rd strike, points are added and possiblly the past points put on. being this is my 1st, I will be alright...mainly since I calmed my foot down. It's just not worth it.

This is also something I found on the new law.

http://www.njlaws.com/traffic_representation_and_no_points.htm