I got a speeding ticket in Dover for going 40 in a 25 mph zone. Stupid of me, not sure if I was going that fast or not. Anyway, can I get it reduced (points/dollars) just by showing up at the court date, or do I need some justification to argue it. I don't have any grounds. If the cop says the gun said 40, how do I argue that?
OT: Speeding Ticket
- Thread starter ruknight87
- Start date
You definitely want it reduced to under 15 mph over the posted limit. No ifs ands or buts.
The other option is "Unsafe Operation of a MV". It is a higher fine, but its no insurance points. Towns are usually pretty agreeable to this if you don't have other infractions on your record.
The other option is "Unsafe Operation of a MV". It is a higher fine, but its no insurance points. Towns are usually pretty agreeable to this if you don't have other infractions on your record.
If you are able to plead it down to unsafe driving,be prepared to pay a higher fine.Check with your insurance company to see if the rate will go up if you plead guilty to speeding(lower MPH) and points vrs larger fine amount in unsafe driving downgrade plea.
Talk to prosecutor before court. Tell him you would like to plead guilty to a statue with same dollar value. They are usually cooperative if there isn't going to be a trial. You need to plead to something where they still get the same amount of money. Since you got nailed for 40 in a 25, you may suggest that with radar and speedometer error, it may have been 39 or less. You want to get under 15 mph over for a lower fine. Again, plead to something with no points.
Here are the statutes with fines. Good luck.
http://www.nj-traffic-ticket.com/fines.htm ( This seems to be an older chart. Statues I don't believe have changed, but you will need to look up current fine amounts.)
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Do not take the careless operation offer its still affects your insurance rates. ask the prosecutor to lower it to 39 mph and pay the speeding ticket .
The time to negotiate is with the officer when he set to write the ticket ask nicely for them to write you for 39 and apologize for your bad behavior....
Once the ticket is written you lose most of your leverage ....
The time to negotiate is with the officer when he set to write the ticket ask nicely for them to write you for 39 and apologize for your bad behavior....
Once the ticket is written you lose most of your leverage ....
I believe it is against NJ law for auto carriers to raise rates for 2 points or less in a 3 year span. Something to consider.
It may depend on your insurer, but I did not see an increase for a careless driving.
It may depend on your insurer, but I did not see an increase for a careless driving.
Its not against the law. Different companies rate differently. Some won't charge for the first 2 point speeding ticket (under 15 mph), but count a 2 point Careless Driving ticket differently.
Do something stupid like that and the judge will instruct you to return in a couple of weeks with your lawyer.
87, Dover, like most towns will let you plea down 2 points and pay the higher fine. Just get there early and get in line to meet with the prosecutor. This only works if you have a clean driving record.
Here are the points:
39:4–98 Exceeding maximum speed 1-14 mph over limit 2
Exceeding maximum speed 15-29 mph over limit 4
Exceeding maximum speed 30 mph or more over limit 5
So it looks like you're at 4 points, so you can plea down to 2.
If you do something stupid like try to fight it, the judge will instruct you to get a lawyer and return...at which time you'll be found guilty anyway and have paid a lawyer $500 on top.
Don't argue/contest, say you didn't realize that you were going that fast, don't drive over the speed limit as a rule (you can only say this if you have a clean record, they will check). If you were going down hill, cite the hill (not an excuse, but just being honest). I went through a radar trap going 82 in a 65 zone years ago. Went to court to hopefully get it reduced, they presented all of the information......time of day....officer badge #...weather condition...mile post....radar gun #, last calibrated on....by officer badge #........I said that everything that was presented in court was true, I have a clean driving record, was driving down hill (I was), didn't realize I was going that fast. I will certainly use this as a wake up call, and be more cautious. Judge ruled that I be found guilty of speeding at an adjusted speed 9 miles lower that the original amount reported, felt that the summons issued served as an important learning experience for me, believed that I was a conscientious driver.
Using the radar calibration records won't ensure that you'll get out of the ticket. However, because radar guns have to be calibrated regularly, it might be worth the effort if you can show that the gun in your case wasn't calibrated properly.
According to the operations manuals that come with police radar, to ensure accuracy every radar unit is supposed to be calibrated with tuning forks before each and every working shift and also before and after being used to detect each speeding violation. The forks used to tune are also sensitive creatures: If not kept in a box protecting them from moisture and jostling, they become inaccurate.
But, if you attend a few traffic court trials, you'll notice that almost all officers of the law swear they calibrated their radar units just before issuing the ticket. What they usually mean is that they flicked on a switch built into the radar unit itself, then switched it back to regular operation.
What is actually required is calibration by tuning fork, and that difference may be important to you. If you ask about calibrating with a tuning fork, and the officer who ticketed you has not testified to doing so, it may be enough to get you off the hook.
7:33B-14.1.Speeding violations, certain; surcharge unaffected
1. a. In calculating a surcharge or other differential in rates based on motor vehicle penalty points promulgated by the Director of the Division of Motor Vehicles pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5), including any surcharge or differential based on the schedule of automobile insurance eligibility points promulgated by the Commissioner of Insurance pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14), an insurer shall not consider any points assessed for a violation of any lawful speed limitation where the violator exceeded the speed limitation by less than 15 miles per hour, except that, the insurer may consider any such violations, in excess of one violation, of which the insured has been convicted in the three-year period immediately preceding the issuance or renewal of the policy. This section shall only apply to violations that occur on or after the effective date of this act, but shall in no case apply to a violation of subsection a. of R.S.39:4-98.
http://law.justia.com/codes/new-jersey/2013/title-17/section-17-33b-14.1
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