NJ 38mph in a 22mph?? Court in 2 days, advice please

[Gooddriver321]

I received a speeding ticket that states I was going 38mph in a 22mph zone. This is in Middlesex County, NJ. This is considered a 4 point ticket since it was 16mph over the limit. However, the actual speed limit on this road is 25mph which would make it a 2 point ticket. I have pleaded not guilty and have a court date on wednesday this week. Can I argue that the speed limit on the ticket is wrong and get the ticket dismissed? I have not hired a lawyer and will be defending myself.

The cop also pulled came onto the road and approached my vehicle to pull me over right after I changed lanes. The cop would not have seen me if I had stayed in the left lane because there was a car in front of me and the cop was much further ahead on the road. Therefore, I feel that the cop would not of been able to clock my speed with enough time to determine if I was speeding. I also began slowing down immediately after I entered the right lane because I saw there was traffic ahead. In addition, this is a school zone road that has 25mph during school and 45mph when no children are present. I take the road every day to goto work and the flow of traffic is always 35-45mph. Since this incident occured I have been going 25mph on the road and every car passes me on the road.

My record is not perfect and I have gotten a speeding ticket over 10 years ago and a few minor traffic violations like improper lane change in the last 2 years. Any tips and advice on how to defend this is greatly appreciated.

 

[FlyingRon]

A 22 MPH speed limit would certainly be odd indeed. You can certainly argue that point (it may be that the officer estimated the safe speed to be such a number, but such would be arguable as well). NJ courts are usually pretty liberal with plea reductions so, pleading to the correct charge will almost certainly be accepted.

You also make a good point. The NJ law requires the children to be visibly present in order to enforce the school zone reduction.

As for the lane changing things, that's a red herring. Measuring speed takes very little time and even if you were in a pack of speeders, he's not obliged to clock you individually (nor pull over all the cars that were speeding).

 

[HighwayMan]

I received a speeding ticket that states I was going 38mph in a 22mph zone.

Maybe he wrote "25" and it was just a bit of sloppy handwriting. That happens often.

 

[stealth2]

Maybe he wrote "25" and it was just a bit of sloppy handwriting. That happens often.

That would be my guess - I'm in NJ (I know) and have NEVER seen a 22 limit. 15 (some schools & senior communities) or 25. Nothing in between.

 

[HighwayMan]

I'm in NJ (I know) and have NEVER seen a 22 limit.

I have never seen a speed limit anywhere I have traveled that wasn't a multiple of 5.

 

[quincy]

I have never seen a speed limit anywhere I have traveled that wasn't a multiple of 5.

Here is a link that shows some "ridiculous speed limits" (2012): https://www.google.com/amp/s/jalopnik.com/the-most-ridiculous-speed-limits-5963595/amp

I like the "10 1/2" mph limit in Copake, New York.

 

[HighwayMan]

I'm not sure what Jalopnik is or how reliable their "news" is. I've seen silly signs like that on private property (probably posted as a joke - they're unenforceable anyway) but never on any public highways.

Sounds like the Copake sign might be one of those:

http://www.waymarking.com/waymarks/WM1NXJ_Cove_Road_Speed_Limit_10_1_2_MPH

 

[quincy]

I'm not sure what Jalopnik is or how reliable their "news" is. I've seen silly signs like that on private property (probably posted as a joke - they're unenforceable anyway) but never on any public highways.

Sounds like the Copake sign might be one of those:

http://www.waymarking.com/waymarks/WM1NXJ_Cove_Road_Speed_Limit_10_1_2_MPH

There is a 31 mph limit in Tennessee that is legitimate. It is 31 to attract attention to the speed, as 30 mph limits are commonly ignored.

 

[HighwayMan]

Around here it would be ignored just the same as a "30"...