NJ
I was pulled over this weekend and issued a speeding ticket. The offense was Title 39:4-98 Speeding 46 in a 25.
BACKGROUND: I have a fairly spotless record (1 speeding tix in PA >15 years ago). I may do some modest speeding, but I'm simply not the reckless speeder that this ticket suggests.
ROUTE: The route that I was driving has a stop sign followed by a 25 mph sign. Thereafter, the speed limit increases to 40 then 50.
TICKET DETAILS: ticket has two fields "Location of Offense" and "Describe Location".
"Location of Offense" has 4 boxes to enter in a code. This was left blank on my ticket.
"Describe Location" is filled with a street address (e.g. 1130 Route 123)
I believe this is the spot where I pulled over after he put his lights on. The speed limit here is NOT 25. I have to drive back over later to check if it is actually 40 or 50. I don't think this is where he "clocked" me, though.
I don't know where the patrol car was when he caught me (parked/moving) --- I don't think he was hiding. I only saw that he made a u-turn and came up behind me. I was distracted at the time and talking to my son about something.
So here are my QUESTIONS:
1. Is it enough to argue that the speed limit is higher for the street address noted on the ticket? I understand that I am still guilty if the speed limit was 40, but not if it was 50.
2. Does the officer have some sort of leeway for what he enters in that field? Meaning can he say the offense happened way back there in the 25 zone when the tix is written differently?
3. Do I show the prosecutor my "hand" by speaking to him about this discrepancy before the trial starts? (I'm feeling quite nervous and intimidated by the whole experience. Adding a judge to that would seem to make it even more daunting?
4. If so, am I asking for a dismissal, dropping of charges, amending charges, etc?
5. What forms of evidence are acceptable to show the speed limits? Is video OK?
In hindsight, I'm not even sure that I was even speeding. I was distracted by my son in the car and wasn't actively checking the speedometer. Maybe the officer just thought I was in the 25 zone when I was really in the higher speed zone?
All in all, if I was speeding, I'll pay the fine...it's the insurance that i'm worried about most.
Thanks for any help. I'm just very upset at getting this ticket.What is the name of your state (only U.S. law)?
I was pulled over this weekend and issued a speeding ticket. The offense was Title 39:4-98 Speeding 46 in a 25.
BACKGROUND: I have a fairly spotless record (1 speeding tix in PA >15 years ago). I may do some modest speeding, but I'm simply not the reckless speeder that this ticket suggests.
ROUTE: The route that I was driving has a stop sign followed by a 25 mph sign. Thereafter, the speed limit increases to 40 then 50.
TICKET DETAILS: ticket has two fields "Location of Offense" and "Describe Location".
"Location of Offense" has 4 boxes to enter in a code. This was left blank on my ticket.
"Describe Location" is filled with a street address (e.g. 1130 Route 123)
I believe this is the spot where I pulled over after he put his lights on. The speed limit here is NOT 25. I have to drive back over later to check if it is actually 40 or 50. I don't think this is where he "clocked" me, though.
I don't know where the patrol car was when he caught me (parked/moving) --- I don't think he was hiding. I only saw that he made a u-turn and came up behind me. I was distracted at the time and talking to my son about something.
So here are my QUESTIONS:
1. Is it enough to argue that the speed limit is higher for the street address noted on the ticket? I understand that I am still guilty if the speed limit was 40, but not if it was 50.
2. Does the officer have some sort of leeway for what he enters in that field? Meaning can he say the offense happened way back there in the 25 zone when the tix is written differently?
3. Do I show the prosecutor my "hand" by speaking to him about this discrepancy before the trial starts? (I'm feeling quite nervous and intimidated by the whole experience. Adding a judge to that would seem to make it even more daunting?
4. If so, am I asking for a dismissal, dropping of charges, amending charges, etc?
5. What forms of evidence are acceptable to show the speed limits? Is video OK?
In hindsight, I'm not even sure that I was even speeding. I was distracted by my son in the car and wasn't actively checking the speedometer. Maybe the officer just thought I was in the 25 zone when I was really in the higher speed zone?
All in all, if I was speeding, I'll pay the fine...it's the insurance that i'm worried about most.
Thanks for any help. I'm just very upset at getting this ticket.What is the name of your state (only U.S. law)?