Speeding Ticket in NJ

[jkurgan]

What is the name of your state? New Jersey

Hello, I received a speeding ticket (actually a careless driving ticket, Title 39-4-97) in NJ. The officer stated I was speeding, but I have a top of the line radar detector and it did not detect any radar signal at the time of my alleged speeding. The officer was stationary perpendicular to the flow of traffic.

I have filed for the discovery information, but have yet to hear back from the Police about this request. My court date is next week and I am wondering if I can file a Motion to Dismiss since they have not provided me with this information and Municipal Prosecutor is aware of this. Is this possible?

Also, I read somewhere that depending on the state, I can subpoena the calibration records of the radar gun used (if one was used). Does anyone know what the calibration mandates are in the state of NJ?

Any other recommendations?

Any help would really go along way here, many thanks.

 

[FlyingRon]

Your radar detector has no bearing on whether you were speeding.
What did you spedometer say?

Our usual discovery flack will be along shortly.

You can move for dismissal at your court date (the chances of getting any pretrial dismissal are slight), but they could have the records then or be continued until they could be provided.

Hopefully you'll discover what they based the speed determination on. You can then attack the calibration or operation of a mechanical device or the skill of the officer for pacing (which is unlikely to work, but what the hell).

 

[jkurgan]

Thanks Flying Ron.

Yes, I know my radar detector has no bearing on what speed my car is traveling, I only mention that because the officer suspiciously did not issue me a speeding ticket and when I asked him what speed I was going he said 'around 90', which leads me to believe that radar was not be used, and he was estimating my speed while stationary, which has to be the most error prone method.

How would I seek pre-trial dismissal? Not having to goto court would be even better.

 

[Zigner]

Thanks Flying Ron.

Yes, I know my radar detector has no bearing on what speed my car is traveling, I only mention that because the officer suspiciously did not issue me a speeding ticket and when I asked him what speed I was going he said 'around 90', which leads me to believe that radar was not be used, and he was estimating my speed while stationary, which has to be the most error prone method.

How would I seek pre-trial dismissal? Not having to goto court would be even better.

Officers are trained in speed estimation as part of their radar training...
I suppose you can try the old dropping-a-pen-from-3-feet-to-estimate-it's-speed trick in court...even judges need entertainment