Can a Speeding Ticket Land You in Court?

Posted August 20th, 2018 by .

Categories: Criminal Defense.

speeding ticket carboneDon’t lie. Every driver, even you, has driven over the speed limit. Whether you’re late for work or a date, it’s easy to find yourself driving way too fast. However, making this simple mistake can get you pulled over by a local police officer or state trooper.

The majority of these incidents result in getting a speeding ticket, but if you get pulled over for driving well beyond the speed limit, you could also receive notice of a mandatory court appearance. If this happens to you, it’s extremely important that you speak with an experienced criminal defense attorney like Anthony Carbone.

New Jersey’s Speeding Laws

You should know that speed limits were first designed to keep drivers safe by tailoring the speed limit to fit that certain roadway. According to N.J.S.A. § 29:4-98, New Jersey’s speed limits are designated as follows:

  • Twenty-five miles per hour: when driving 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: when driving through any business or residential district
  • Thirty-five miles per hour: when driving through any suburban business or residential district
  • Fifty miles per hour:  when driving in all other locations, except as otherwise provided in the Sixty-Five MPH Speed Limit Implementation Act

New Jersey’s speed limit statute also says motorists should adjust or reduce their driving speed when approaching intersections, railroad crossings, hill crests, and curves; along with traveling on winding roadways, through inclement weather, or when traffic hazards exist.

Rules for Mandatory Court Appearance

Any driver who receives a speeding ticket in New Jersey has the right to either pay the fine outright or fight it in court. Paying the ticket would be considered pleading guilty and will end your case immediately. Many people who receive a speeding ticket choose this option because it could ultimately end up being cheaper than potential court costs.

When it comes to battling your ticket in court, the date of the court date is sometimes printed on the ticket itself. If you pay the ticket and do not have a court date that is mandatory, you will need to contact the court to confirm your hearing date. If your hearing is mandatory, your speeding ticket will say so.

To receive a mandatory court appearance, you must be charged with exceeding the speed limit by 40 miles per hour or more. In this situation, you will be cited for reckless driving and may face a large fine, points on your driver’s license, a license suspension, or possible jail time.

However, that rule differs when traveling in a construction zone. You would have to be traveling at 20 miles per hour or more over the speed limit.

When it comes to accruing points on your license, there are different speeding offenses you would have to violate. These offenses include:

  • Exceeding the speed limit by 1-14 MPH resulting in 2 points
  • Exceeding the speed limit by 15-29 MPH resulting in 4 points
  • Exceeding the speed limit by 30 MPH resulting in 5 points

Keep in mind, accumulating 12 or more points on your driver’s license will result in an automatic license suspension. Also, if you do end up having to appear in court because of a speeding incident, the officer who pulled you over will also attend to tell his side of the story.

The Law Offices of Anthony Carbone Can Help You

If you are convicted of a speeding charge and would like to fight it to prove your innocence, contact the Law Offices of Anthony Carbone today. We have helped hundreds of drivers across New Jersey who were wrongfully charged for speeding allegations that weren’t true. Schedule your free consultation now.

Share this Post

Questions about your criminal defense case?

Contact Us Today
Live Chat
Search
Categories
Tags
Archives
Celebrating 30 Years in Practice!

Contact Us Today for a Free Consultation

Back to Top
Live Chat