Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-20-2009, 12:05 AM
Junior Member
 
Join Date: Oct 2009
Posts: 2

NJ Careless Driving Summons for Speeding


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.

Last edited by PatMc; 10-20-2009 at 12:01 PM. Reason: fixed the number of years I've been driving
    Reply With Quote
  #2  
Old 10-20-2009, 05:18 AM
Member
 
Join Date: Aug 2009
Posts: 674
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.
    Reply With Quote
  #3  
Old 10-20-2009, 11:58 AM
Junior Member
 
Join Date: Oct 2009
Posts: 2
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?

Last edited by PatMc; 10-20-2009 at 12:16 PM.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:02 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.