The Basics of New Jersey Speeding: The Law & Penalties
New Jersey has enacted default speed limits that apply unless the county, state or municipality set out another limit in that area. A conviction for a speeding ticket requires the prosecution to prove that the posted speed limit is in accordance with the state statute regulating speed.
One solid defense to a New Jersey speeding ticket is for your New Jersey ticket attorney to show that the state, county, or municipality never approved the posted speed limit. If your attorney can successfully show this, the court will drop the speeding charges against you.
The New Jersey Default Rules
The general and default rule in New Jersey is that unless you are in a 65 MPH speed zone, you cannot drive over 50 MPH. Under these default rules, certain areas have set specific speed limits.
For instance, you cannot drive over 25 MPH in a school zone while children are presented, when children can be seen from the road, or when children are coming or going to school. Another example is business or residential areas in which you cannot drive faster than 25 MPH.
It is important to remember that these are only the basic default rules set by the state. If a municipality decides that in a certain residential area the speed limit will be 20 MPH and posts signs to such effect, then the 20 MPH will replace the old default speed limit.
Circumstances Requiring Speed Reductions in New Jersey
As previously mentioned, one way to defend a New Jersey speeding ticket is to prove the posted speed limit was never approved by the state, county or municipality. However, even when the posted speed limit sign is incorrect, there are certain situation in which you may be required to reduce your speed and failing to do could result in a ticket.
These situations include:
- Driving up to a railroad crossing
- Approaching the top of a hill
- Maneuvering through a narrow or winding road
- Driving in dangerous weather conditions
In these situations, an officer can issue you a speeding ticket even if you were driving within the posted speed limit.
Speeding Ticket Defenses
In addition to arguing that the posted speed limit was never approved, there are other defenses your New Jersey ticket attorney can use to get your ticket dismissed. Common defenses include:
- Challenging the determination of your speed
- Challenging the officer’s perception – disputing what the officer saw
- Challenging the accuracy of the speed-measuring device (RADAR and LIDAR)
Call a New Jersey Ticket Attorney
If you or someone you know has been issued any type of traffic violation in New Jersey, including careless and reckless driving, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.