speeding on private road

[AlJur]

What is the name of your state (only U.S. law)? NJ
I got a speeding ticket (22m/h in 10 m/h zone) on a private farm road from a county (Bergen) traffic cup.
Des the county police have a jurisdiction over private road and can i fight the ticket on these grounds?

 

[The Occultist]

What is the statute number you are being charged with having violated?

 

[AlJur]

Thank you for your reply.
The hand writing is not clear. It could be 10.4.81, or 10.11.81, or something else. I will call them to clarify and will post the exact statue.

 

[AlJur]

So it is interesting. The statue under which I was charged is 39.4-81 which is "failure to observe signal" as indicated on the back of the ticket. There was no signal (traffic light) anywhere around that property. On the front of the ticket, in the section "Other Traffic/Parking Offence" the officer wrote "Speed 10 -> 22mph" which, according to the back of the ticket, is statue 39.4-98.
Any defense here?

 

[The Occultist]

Unfortunately, that is not a good defense; it will only delay the inevitable. It's all too possible that if they dismiss the charges based on the wrong code, they will issue you a new ticket with the correct code.

 

[AlJur]

Thank you. How about jurisdiction over private road? Also I have heard that radar enforcement under 25 mph is not valid unless stated on the speed limit sign that it is "radar enforced". Is this true? I am just pissed that the cop completely ignored my 100% clean driving record on the farm road that there is nobody there...

 

[You Are Guilty]

This should get you started on your research:

"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"Private road or driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways, collectively.

"Traffic control signal" means a device, whether manually, electrically, mechanically, or otherwise controlled, by which traffic is alternately directed to stop and to proceed.

Observing traffic signals
The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.
Amended by L.1951, c. 23, p. 81, s. 40.

Regulation of traffic, parking on public highways, transportation systems.

2. a. Notwithstanding the provisions of any other law to the contrary, the Commissioner of Transportation, in accordance with the provisions of this act, may by written order provide for the regulation of traffic and parking on public highways or transportation systems under the jurisdiction of the commissioner and for the establishment, operation, control and maintenance of official traffic control devices thereon where the provisions of chapter 4 of this Title authorize the commissioner to regulate such traffic and parking by rule or regulation. An order issued pursuant to this act shall conform to the same requirements of this Title concerning examination, investigation or study as apply in the case of the rule or regulation in place of which the order is being issued.

b.An order issued pursuant to subsection a. of this section shall be binding and enforceable in accordance with the provisions of this act and any official traffic control device established thereby shall conform to the "Manual on Uniform Traffic Control Devices."

c.The provisions of this act shall not apply to public highways or transportation systems under the jurisdiction of a county or municipality.
L.1998,c.28,s.2.