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Location of Offense versus "Describe Location" on ticket

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agentho

Junior Member
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)?
 


FlyingRon

Senior Member
What is written on the ticket doesn't matter as much as what the officer is going to testify to in court. Unless he testifies that you were doing a speed in an area you can show is under the actual limit in that area, you're not going to win.
 

Maestro64

Member
Well obviously you could use the fact the officer's inability to complete the ticket correctly shows his attention to details is lacking. If he made mistakes on the ticket who to say he did not make mistake on measuring the speed. Obviously he did not know the speed limit of the road. If he thought it was 25 and you were going 46 that is understandable why he would stop someone, however, if the speed limit in question was really 40 then 46 might not have raised his attention.

Anyway, yes you could go in and show the court the officer made all sort of mistakes, therefore, his testimony should be consider unreliable nor credible. The reason you probably got pulled over is the lack of a front plate on your PA car, NJ police know that PA residents do not have front plates and PA will not assign points to your license for a ticket in NJ and they know most PA resident just pay verses fighting for this reason.
 
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Kiawah

Senior Member
I would wager high likelihood you were speeding, if he clocked you as such and you were so distracted with your son. Go back and drive it at 25mph, 25 is SLOOOOWWW, it will feel like you are crawling. I hate it when driving through small towns and they have a 25mph speed limit. It's my belief, that most drivers would have a difficult time driving at 25, unless they were consciously trying to limit their speed down.

Go back and drive it at 25, I think you'll conclude you were most likely driving much faster than the 25.
 

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