Every driver has driven over the speed limit at some point. Whether you’re late for work, school, doctor’s appointment, or any important event, it’s easy to find yourself driving far too fast. Making the mistake of driving over the speed limit in New Jersey can get you pulled over by a state trooper or local cop. Most speeding incidents result in a ticket, but if you get pulled over for drving well over the speed limit, you could receive notice on your traffic ticket that a court appearance is mandatory. In this event, it is vital that you speak to an attorney to avoid possible incarceration and excessive fines.
If you have received a speeding ticket that requires a court appearance in New Jersey, call the New Jersey high speed traffic violation attorneys today. For over 40 years, the attorneys at the Law Offices of John J. Zarych have represented drivers on their New Jersey traffic ticket cases.
What is the Speeding Law in New Jersey?
First, speed limit signs are designed to keep drivers safe by tailoring the speed limit to fit that road. Otherwise, the speed limits throughout New Jersey are given under a statute, N.J.S.A. § 29:4-98, which lists the following speed limits:
- Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school during opening or closing hours;
- Twenty-five miles per hour in any business or residential district;
- Thirty-five miles per hour in any suburban business or residential district;
- Fifty miles per hour in all other locations, except as otherwise provided in the “Sixty-Five MPH Speed Limit Implementation Act” pursuant to N.J.S.A. 39:4-98.3
The statute also says that motorists should adjust and reduce their speed when:
- Approaching and crossing intersections or railway grade crossings,
- Approaching and driving around curves,
- Approaching hill crests,
- When traveling upon winding or narrow roadways,
- When driving through inclement weather conditions, or
- When hazards exist due to pedestrians or other traffic.
Mandatory Court Appearance Rules for Speeding Tickets in NJ
All motorists who receive speeding tickets in New Jersey have the choice to either pay their fine outright or fight the ticket in court. Paying the ticket is considered a “guilty” plea and ends your case. If you appear in court, you can plead “not guilty” and challenge the ticket. Sometimes there is a date printed on your traffic ticket which informs you of your court date. It is important to contact the court directly if you choose to plead “not guilty” so that you can confirm your hearing date or reschedule with the clerk. If a court appearance is mandatory, the ticket will say so.
If you are charged with exceeding the speed limit by 40 miles per hour or more, your court appearance will be mandatory. In a construction zone or safe corridor, this is reduced to 20 mph over the limit. Being found guilty of speeding can result in substantial fines, points, license suspensions, or even jail time. You will also receive points on your license for the following speeding offenses:
- Exceeding speed limit by 1-14 miles per hour: 2 points
- Exceeding speed limit by 15-29 miles per hour: 4 points
- Exceeding speed limit by 30 miles per hour or more: 5 points
It is important to note that accumulating 12 or more points will result in an automatic license suspension. Upon receiving your ticket, it is a good idea to hire traffic citation defense attorney who is familiar with the court and can fight to have your charges reduced or dropped.
The officer that pulled you over is required to attend the hearing. If the officer has a legitimate reason to miss the hearing, it may be “continued” and rescheduled to a later date. Once each side presents evidence and testimony, a judge will find you guilty or not guilty. Depending on your speed and driving record, the judge could sentence you to pay fines, or even a term of incarceration. Once a decision is made, you have twenty days to appeal if you are dissatisfied.
Atlantic City Traffic Ticket Attorney
The Atlantic City criminal defense attorneys at The Law Offices of John J. Zarych will zealously fight to have any fines and penalties from your speeding charges reduced. If you or a loved one was issued a speeding ticket and ordered to appear in court, talk to one of our Atlantic City defense attorneys today. For a free and confidential consultation, call (609) 616-4956.