According to State v. Miller, 58 N.J. Super. 538, 540(County Ct. 1959), if there is no speed limit posted or the speed for a particular New Jersey roadway is at issue then the presumption is that 50 miles per hour is the proper speed. What makes this case somewhat interesting in defending a speeding ticket issued in New Jersey is that “the offense of exceeding a speed limit of less then 5o m.p.h cannot be charged be charged without alleging that it occurred in a business or residence district or in a district for which the stated speed limit has been established in conformity with the statute. the description of the location is an integral part of the offense. the charge cannot be proved without proving the facts establishing the speed limit….”
