Speeding ticket. Please help.

[Dave6891]

What is the name of your state (only U.S. law)? New Jersey.

Hello,

About two months ago I was changed for speeding 39 mph in a 25 mph zone (Kenilworth Boulevard in Kenilworth NJ). The end result of that case was the prosecutor reducing the charge to 30 mph in a 25 mph zone and me getting 2 DMV points on my license and having to pay a $100 fine and a $33 court-fee. The prosecutor said he couldn't take away the points due to me still having my provisional license (I'm already 18 if that matters). He also said that if I stayed clean for a year the points would go away and everything would be taken care of.

However, today I was caught speeding on the parkway (85 in a 55) because me and my friend had to go pick up her little brother from school at 3. We would've asked her mother to pick him up but she has recently been undergoing radiation treatments and chemotherapy for breast cancer. My friend was with me at the time and she will testify to this if she needs to. My court date is 1/6/10 and it will take place in Clark, NJ. I was also charged with failure to exhibit an up-to-date insurance card at the same time. I wasn't aware the insurance card was outdated because the car isn't even mine, its my mothers. I'm also fairly sure the insurance company was supposed to send us an updated insurance card when the old one expired but when I asked my mother about it, she said they had not.

Now I have some questions.

1. Does failure to exhibit an up-to-date insurance card give me points on my license? (I went and got one about an hour after I got pulled over which is up-to-date, in case that matters at all)

2. How many points would I get if the prosecutor does not reduce the 85 in a 55 charge?

3. Taking into account the 2 points that I previously had, will my license get suspended?

4. What is the best course of action to take in order to keep my license? I'm willing to do almost anything because there is just no way I can lose my license.

5. If anyone could give me and estimate of how much this is going to cost me, that would be awesome.

6. And finally, if anyone could explain to me what steps I should take from here in a fairly detailed way, this would be so helpful.

Any help will be so greatly appreciated.

Thank you in advance.

- David R.What is the name of your state (only U.S. law)?

 

[HighwayMan]

4. What is the best course of action to take in order to keep my license? I'm willing to do almost anything because there is just no way I can lose my license.

Well, if your license is so important to you why are you so careless with your driving?

 

[HighwayMan]

1. Does failure to exhibit an up-to-date insurance card give me points on my license? (I went and got one about an hour after I got pulled over which is up-to-date, in case that matters at all)

No points.

2. How many points would I get if the prosecutor does not reduce the 85 in a 55 charge?

5 points.

3. Taking into account the 2 points that I previously had, will my license get suspended?

No, not because of the points anyway. It takes 12 points in NJ to get your license suspended. Of course, a judge can always impose suspension as part of your penalty.

4. What is the best course of action to take in order to keep my license? I'm willing to do almost anything because there is just no way I can lose my license.

Learn the rules of the road and follow them.

5. If anyone could give me and estimate of how much this is going to cost me, that would be awesome.

Aren't the fines listed on your tickets?

6. And finally, if anyone could explain to me what steps I should take from here in a fairly detailed way, this would be so helpful.

You've been through this before, so you should know better than anyone, no?

 

[Dave6891]

Guys I don't need arrogant responses please. I wasn't being careless at all. I barely ever speed. This time it was under special circumstances as I explained in the original post.

I appreciate the answers but try not to be so arrogant about them.

Also, I realize its 12 points for a regular license suspension. However, my license is provisional license so assuming my new charge doesn't get reduced or dropped I would have 7 points. Is 7 points enough to suspend a provisional license?

 

[HighwayMan]

How old is your friend? It sounds like you may have been violating the restrictions on your provisional license.

Also, the reason you gave for your speeding is not a legal justification or defense for speeding. Your friend can testify as much as she wants to about picking up her brother, but it won't do much good in court. If you had to be at school by 3 then you should have left earlier.

If you have a provisional license you should have been told what it's restrictions and special conditions are. I am not finding any information so far to answer your lastest question.

 

[HighwayMan]

Based on everything I just read (from "unofficial" sources) the simple fact of committing a traffic violation which carries points will not lead to an automatic suspension, however you should check with the MVC to confirm this.

 

[HighwayMan]

me and my friend had to go pick up her little brother from school at 3.

Now that I am re-reading your post, this definitely would have put you in violation of your provisional license. You cannot have more than one non-family member in the car with you, no matter what their age.

So if I was you I wouldn't tell the judge that my justification for speeding was that I was on my way to violate my license restrictions.

 

[I_Got_Banned]

I wasn't being careless at all.

85 in 55 isn't being careless?

I barely ever speed.

True... 2 speeding tickets in 2 months and you barely ever speed... And those are the 2 times you got caught

Guys I don't need arrogant responses please.

Oh... Sorry.

 

[Dave6891]

How old is your friend? It sounds like you may have been violating the restrictions on your provisional license.

Also, the reason you gave for your speeding is not a legal justification or defense for speeding. Your friend can testify as much as she wants to about picking up her brother, but it won't do much good in court. If you had to be at school by 3 then you should have left earlier.

If you have a provisional license you should have been told what it's restrictions and special conditions are. I am not finding any information so far to answer your lastest question.

My friends 18 as well. And I didn't actually violate anything because we didn't actually pick him up, nor did I intend to drive with both of them in the car. Also, I know we should've left earlier, and we would have, but her mother didn't call my friend until about 2:30. And by the time we got to the Parkway, the only way we could have made it in time was me speeding. I also realize I was on my way to picking up a second non-family member, which would have violated my restrictions. However, I realized this so we decided my friend would drive my car from the school and go drop off her brother and then she would come back and I would go drop her off.

 

[Zigner]

Bet you were late picking her up, huh? I mean - any time gained by your exorbitant speeding was MORE than offset by the time sitting on the side of the road waiting for your cite, huh?

 

[Dave6891]

Bet you were late picking her up, huh? I mean - any time gained by your exorbitant speeding was MORE than offset by the time sitting on the side of the road waiting for your cite, huh?

Definitely was. But none of this matters.

I guess what I really want to know is if there's any chance of me getting the points reduced to 2 without having to get an attorney? Or really, if there's any chance at all?

 

[HighwayMan]

If your friend was 18 then you were in violation just based on that.

 

[HighwayMan]

I guess what I really want to know is if there's any chance of me getting the points reduced to 2 without having to get an attorney? Or really, if there's any chance at all?

Once again, you went through this two months ago so you have recent experience dealing with the prosecutor in a speeding case. You know better than we do.

There will be less leeway for the prosecutor since this is your second offense in two months.

 

[Dave6891]

My friend being 18 doesn't mean I was in violation. NJ has no age restrictions on the passenger you can carry. What it does have, is a restricted amount of passengers you can carry that are non-family members. I just checked the DMV's website to confirm this.