Speeding 103 mph?!

[AEW]

New Jersey
I am 20 and have no previous offenses. I was keeping up with traffic at 9 am on the NJ Turnpike on Saturday morning when 2 cops pulled me over. One said I was doing 103 in a 65 mph zone. I was just keeping up with traffic, I really doubt if everyone was going that fast. I was not passing anyone but I guess I was the last car in the group. He said he used radar. I did not think of asking him to see it. The other cop (who had his hand on his gun, which scared the heck out of me) issued a separate ticket for reckless driving. Can they really issue you two tickets for the same thing, using different words? Needless to say, I'm really upset. I am attending college and I'm a good student. I'm also on a football team, don't drink or do drugs or anything. I don't want to go to jail because I was just keeping up with traffic. What are my options to fight this? What kind of attorney should I contact and what is the best way to approach the judge? I've heard that if you postpone the case the cops sometimes do not show up the second time. Is that true? Is there such a thing as paying a big fine and not getting points? I've been working very hard to make my life go well, and this could really mess it all up. I'm devastated, any advice would be appreciated.

[efflandt]

I have never been to NJ, but many states also give you reckless driving if over the maximum limit for their speeding tickets and highest NJ speeding ticket is 30 over.

Speeding 30 over: 5 points
Reckless driving: 5 points

Besides whatever fines or higher insurance you end up with, you are also looking at I think a $250 surcharge for the next 3 years ($150 for first 6 pts + $25 per additional point). see [url]http://www.state.nj.us/mvc/pdf/Licenses/Driver%20Manual/Chapter_6.pdf[/url]

Attending traffic school might reduce points on record, but not points towards surcharge.

So do you know how fast you were going and do you have any defense (following traffic is not)?

[AEW]

I know I was not going 103 mph. I was not on a NASCAR track, you can't say 8 cars were going 103 mph, and I was with all of them. So what are my options?

[Zigner]

See the problem here?
Your defense is going to be "Your honor, I have no idea how fast I was going, but there's NO WAY I was going THAT fast".

Say that out loud and you'll see how bad it sounds

[AEW]

So other than saying I wasn't going 103 mph, and its my word vs. what the cop says is accurate radar, what is the right tact to take? Having the reckless driving ticket on top of the speeding ticket is making me think there is no way out. Someone out there must have some good advice rather than telling me I'm saying the wrong thing. Thanks.

[AEW]

What I thought I was doing...about 75.

[cepe10]

Originally Posted by AEW

So other than saying I wasn't going 103 mph, and its my word vs. what the cop says is accurate radar, what is the right tact to take? Having the reckless driving ticket on top of the speeding ticket is making me think there is no way out. Someone out there must have some good advice rather than telling me I'm saying the wrong thing. Thanks.

If he said radar you can challenge the radar unit and it's calibration.

You can also question the LEO as to the fact that your were in a group.

[IrishNodak]

If it's an option in your state you can plead not guilty and ask for a jury trial. Yes, it is allowed for traffic offenses tho' rare. Please do NOT rely on the myth that if the officer doesn't show up you get off free. We drove 6 hours for a court date assuming the officer wouldn't show. He didn't and the judge explained why he didn't need to be there and that it didn't dismiss any of the cases.

However, most of the time when you get to court on traffic offenses(at least in our state) you see the DA first and he/she makes you an offer to plead guilty to lesser charges. That may not apply since your alleged speed was over by such a huge amount. Even the reckless driving can be pled down here to a lesser offense/points. We don't have such a thing as a "surcharge". How odd and sucks for your state. Good Luck!

[cepe10]

If the LEO does not bring the tuning frok calibration to court the case should be dismissed based on the case law. Additionally, you can question the LEO about the group of cars and if it is even possible to drive at that speed on the conjested NJ highways.

From: STATE OF NEW JERSEY, PLAINTIFF, v. GEORGE READDING, DEFENDANT

26] In the case at bar the only test performed to check the accuracy

of the speed gun was by use of a single 50 m.p.h. tuning fork. At trial a

certificate dated 1976 was produced certifying the accuracy of this 50

m.p.h. tuning fork. No other proof was presented.

[27] The court finds this is not sufficient proof of accuracy. It is

entirely possible for a particular radar device to

[160 NJSuper Page 243]

function properly and record accurately at 50 m.p.h. but inaccurately at

higher speeds. That this is so is evidenced by the generally accepted

practice of testing such machines with several tuning forks calibrated at

different frequencies.



[28] The need to prove the proper working order of the machine is "most

essential in view of the heavy impact the result can have" on the

factfinder. State v. Johnson, supra.



[29] In absence of some additional accuracy testing procedure, the use

of a single 50 m.p.h. tuning fork is not sufficient to establish the

accuracy of the radar device.



[30] Therefore, the radar reading is not admissible and without it in

evidence the State has failed to prove beyond a reasonable doubt that the

defendant was speeding.



[31] Not guilty. The fine and costs paid below are to be returned to

the defendant.



[32] As a general rule, in order for the reading speedmeter to be

admissible into evidence, it should be established that:



[33] 1. The device is scientifically reliable;



[34] 2. The particular speedmeter used in the case being tried is accurate;



[35] 3. The operator was qualified;



[36] 4. The device was operated properly in the case being tried.

[37] The scientific reliability of radar devices has been generally

established and need not be re-proven in every case.



[38] The accuracy of the particular speedmeter should be established by

more than one test. If a tuning fork is used, the accuracy of the tuning

fork must be established. Either more than one tuning fork at different

frequencies or speeds must be used, or in addition to one tuning fork, a

patrol car with a calibrated speedmeter (certified) should be driven

through the "zone of influence" at various speeds.


[39] The qualification of the operator may be shown by his completion

of a training program given by qualified instructors.

[JusticeUnderGod]

Just hire a lawyer. It might even be cheaper then paying all those fines and insurance increases.