Should I dispute?

[rthiru]

What is the name of your state? NJ
I was given a speeding ticket for going 35 in a 25 zone, I protested that I did not know but the officer gave the ticket anyway. I double check the route from the the main road (40 m zone) to the stop where I got the ticket - there are no speed limit posted anywhere. I did find one that is after the next intersection but facing the other way - I never take this route going back. Should I dispute and do I have a case?

 

[Zigner]

What is the name of your state? NJ
I was given a speeding ticket for going 35 in a 25 zone, I protested that I did not know but the officer gave the ticket anyway. I double check the route from the the main road (40 m zone) to the stop where I got the ticket - there are no speed limit posted anywhere. I did find one that is after the next intersection but facing the other way - I never take this route going back. Should I dispute and do I have a case?

I am ASSuming that the route you took went through a residential area. Based on your facts, plus my ASSumption, you have no case.

 

[Ozark_Sophist]

There is probably an ordinance on the books setting the speed limit at 25mph in areas otherwise not posted and residential. Many places have signs at their city/jurisdictional limits that state this.

 

[PrinceCharming]

General rule of thumb:

If you are a resident of the state where you got the ticket, go to court and plead "probation before judgement". You usually get a smaller penalty.

If you are not a NJ resident, pay it, because you dont get points and the cost of driving to court and taking off a day usually costs more ... even if you are not guilty.

However, not every state works this way. So check out NJ laws.

If you live in NJ and you really believe that you are not guilty, check with Ozark_Sophist comment. (s)he could be correct.

Then if there are no general 25mph speed limits, then drive down there with a video camera, have your friend video the ride and go to court. You won't be found guilty.

 

[cepe10]

In NJ the speed limit has to be posted properly to be enforceable

NJ has adopted the MUTCD

http://mutcd.fhwa.dot.gov/knowledge/natl_adopt_2000_2003.htm

"Section 2B.18 Location of Speed Limit Signs" has a host of required locations including what you have described.

a 25 mph street would only apply to a very low ADT internal subdivision street - not a collector street which I beleive is what you have described...

as mentioned bring photos other evidence of the failure to post...

Also by the MUTCD adobted by NJ the speed limit posted has to be based on the 85% speed which will never be 25 mph on a collector road.

Section 2B.13 Speed Limit Sign (R2-1)

Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.

When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic.

 

[racer72]

In NJ the speed limit has to be posted properly to be enforceable

NJ has adopted the MUTCD

http://mutcd.fhwa.dot.gov/knowledge/natl_adopt_2000_2003.htm

"Section 2B.18 Location of Speed Limit Signs" has a host of required locations including what you have described.

a 25 mph street would only apply to a very low ADT internal subdivision street - not a collector street which I beleive is what you have described...

as mentioned bring photos other evidence of the failure to post...

Also by the MUTCD adobted by NJ the speed limit posted has to be based on the 85% speed which will never be 25 mph on a collector road.

Section 2B.13 Speed Limit Sign (R2-1)

Standard:
After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance:
At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review.

When a speed limit is to be posted, it should be within 10 km/h or 5 mph of the 85th-percentile speed of free-flowing traffic.

What a crock. Below is all the OP needs.

39:4-98. Rates of speed
39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:

a.Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;

b. (1) Twenty-five miles per hour in any business or residential district;

 

[David Jonathan]

ignorance of the law is no excuse for breaking it. I've been there, ticketed for 65, in a 55 when I honestly thought it was still a 65 zone ... I tried to fight it, and not only did I have to pay the fines, I had to pay the court costs as well.

--Dave.

 

[trieroffact]

What a crock. Below is all the OP needs.

39:4-98. Rates of speed
39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:

a.Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;

b. (1) Twenty-five miles per hour in any business or residential district;

Oops you "forgot" the rest of the law I guess having having corrupt cop friends "helps" with the selective memory. so was it a suburban area or an urban area or other area - not urban or suburban but rather a connecting road You also conveniently left out the posting requirements...

(2) Thirty-five miles per hour in any suburban business or residential district;

c. Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.).

 

[PrinceCharming]

ignorance of the law is no excuse for breaking it. I've been there, ticketed for 65, in a 55 when I honestly thought it was still a 65 zone ... I tried to fight it, and not only did I have to pay the fines, I had to pay the court costs as well.

--Dave.

Dave you are wrong. It is OK to be ignorant of the law if the law did not provide the law properly. As such if there are no signs and there are no general provisions (which in this case there very well could be), (s)he would be found "not guilty".