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NJ Careless Driving Summons for Speeding

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PatMc

Junior Member
What is the name of your state (only U.S. law)? NJ

This evening I was going north on a county route, driving between 55 and 60 mph and slowing down. In the northbound lane, the speed limit quickly changes from 50 to 40 mph. However, in the southbound lane the speed limit changes from 40 to 50 mph a few hundred feet south of that point (the speed limit zones are staggered).

I passed an NJ state police officer who was going south. He turned around, followed me for a little while (I made sure I did nothing wrong from then on), and finally pulled me over. He told me that I was doing 60 in a 40 mph zone. He said he let me off the hook and handed me a summons for careless driving instead of a speeding ticket.

Later I went back to that road and noticed the location of the 40 mph speed limit sign. I'm pretty sure I was before that sign when I passed him, so I was in a 50 mph zone. Though as I said, the zones are staggered so for him the limit was 40.

I'm 19 years old, and I've been driving for close to three years. I have a clean record; this is my first offense.

Now here are my questions:
  • What kind of penalties can I expect from a careless driving complaint (NJ statute 39:4-97) if I plead guilty?
  • His 60 mph measurement sounds like an estimate to me (too round a number). Also, he was moving when he took it. Is there anything wrong with that? It was my understanding that a radar gun had to be properly mounted, stationary, and callibrated for use. Or could this have been a visual estimation?
  • I noticed on the summons that there is no "equipment" (helicopter, pace, speed measurement device, or EBTD) marked. But there is a "Unit Code" listed. What does this mean?
  • I've been reading around and I see a lot of people saying it's best to plead not guilty. Then you'd go to the prosecutor's office, discuss the charge, and get a final decision from the prosecutor and the officer. Is this generally true?
  • Should I make an attempt to meet with the prosecutor before the scheduled court date and discuss this to try to arrange a deal?
  • Could I cite mitigating circumstances, since I'm fairly certain I was in the 50 mph zone?
  • Can I access the officer's notes, or any other information about the complaint?
  • What courses of action are available to me? What should I do?

Any help with this would be appreciated. :)
 
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HighwayMan

Super Secret Senior Member
Almost all radar sets now are "moving radar" and can be used stationary or in motion.

The trooper might not have been familiar with the area and the fact that the speed limits are different in different directions of the road (which is strange to me).

It's a two point violation, AFAIK. Sounds like the trooper already gave you a break, but you can try to work it out with the prosecutor.

FYI, the statute says thr following:

39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
 

PatMc

Junior Member
Thanks for the info. Should I try to arrange to meet with the prosecutor before the court date, or should I wait? How should I plead?

EDIT: And like I said, on the ticket there's no equipment or operator information filled out. If he used a radar gun, is that a problem? Or did he do that to make it careless driving instead of speeding?
 
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