i got a freaking speeding ticket yesterday for 40 in a 25....

first off..id like to say that my spedometer said 38, there is a difference...

right now i cant really afford a ticket because of insurance...so does anyone have any experience about this?

what happened:

driving home from work, person in front of me is driving like a blind old man...so once he makes a left i ping it just a tad (i am not an unsafe driver, i dont speed often) so i get up to around 40..but definetly not at it or over. i see a sign that says 25...so i begin to brake and like almost right after is a cop in a driveway...once i saw him i pulled over...because i just knew it...he pulled up behind me and asked for my license and whatever...

the thing is..he never stated to me why i was pulled over or anything....didnt even tell me how fast i was going, i had to find out from the ticket.

do you think i can fight this reasonably? and have a chance of getting it dropped or reduced...its pretty important

thanks for the help
Aaron

Here in Nevada, if you get a speeding ticket (or any other moving violation) you can go to traffic school. They cut the fine in half, reduce the ticket to a parking citation, plus you do not get the points on your record. Note: you can only do this once per year.

You might want to check to see if New Jersey has a similar program.

QUOTE (i love porsche @ Jul 13 2005, 07:37 PM)

...once i saw him i pulled over...because i just knew it...he pulled up behind me and asked for my license and whatever... the thing is..he never stated to me why i was pulled over or anything....

find the American Motorists Association (i think it is do a search here on speeding and it'll turn up i suspect...). they have a kit for this purpose. donno if they'll cover you retroactively...

HOW important? REALLY important? hire an attorney.

did the cop turn on his lights?
if not, you certainly acted as if you were admitting guilt...
he mightta just been hoping you'd slow down and be safe, but if you pull over and ask for it, he kinda hasta do it...

i wouldn't put much faith in the "only 13 over the limit" defence strategy.

i had a few friends that pleaded not-guilty due to a mechanical failure......

after all, it's a 914......


what i would have done was put on my foil hat and as he comes to the door and hand a foil hat to him and say "I'm hauling weapons-grade plutonium, you might want to put this on...."

So you are going to argue a 2 mph discrepancy?

You have stated you were doing 38, which is quite a bit above the 25MP limit..

ALL of us drive over the limit..

sometimes you get to pay for the privilege.

of course I will get flak inre my view...nomex on LOL

Hire an attorney. S/he will make a deal of some sort with the prosecutor.

Other than that, you have no hope whatsoever.

Plead not-guilty. If it's your first ticket, then they often let you off on a lesser offense that will not affect your insurance. the only thing is you have to show up in court.

Ha! Your screwed. Sorry.

First and formost
Make you contestation application before the deadline, bring it in and have it dated. This will give you 30 days at least to reserch it, and deside what to do, if the fees are not too steep, you can alway change your plee to GUilty after. at the same time you can plead for an easier penalty...That how it works here...
Other then that you need an Atty

Good luck
Later
Joe

You don't need an attorney.
Plead not guilty, go to the DA,
ask him to reduce it to non moving violation.
Pay the fine.

Also, sounds like a speed trap to me, yeah, no shit!
Figure out if you were in a school zone, etc.
If it was 25 MPH zone just begining, I think you have a certain number of feet to decel...
Trying to google search NJ law title 39
It won't OPEN!

slowest web page in history (nj traffic law)

I'm serious!

QUOTE (Dave Eddy @ Jul 13 2005, 06:14 PM)

You don't need an attorney. Plead not guilty, go to the DA, ask him to reduce it to non moving violation. Pay the fine. Also, sounds like a speed trap to me, yeah, no shit! Figure out if you were in a school zone, etc. If it was 25 MPH zone just begining, I think you have a certain number of feet to decel... Trying to google search NJ law title 39 It won't OPEN!

this is correct save the sign bit...unless there are 2 signs in succession...plead not guilty, be real nice (i hope you were as you got the summons) make an appointment to see the officer (or prosecuter if they are using one) speak to him and be very nice and respectful, explain that the speedo in the car bounces...it is an old car and basically ask to reduce the charge to creating a traffic disturbance, it carries no points but will cost like $250 to pay, if you are a new driver (less than a year) you are gonna most likely lose your liscense on the probationary driver deal....your insurance is likely to double and even likely triple if you are under 20. Be cool and explain this to the officer and he will usually make a deal for you, remember, he was just doing his job, just like you do yours, most cops are pretty cool about reducing these now in nj. aside from that good luck

you guys are telling me to plead not guilty..but ive heard from others to plead guilty and ask for a break or a deal or a reduction of some sort... i was in my 924, and i have had my license going on 2 years this september.

of course i was very respectful to the cop and will be at court....i just dont want my insurance to go crazy

i know that i can take a defensive driving course, and that will take 2 points off and lower insurance..but the thing is, the difference between 13 and 15 mph is 2 points...and id wrather not have that spare two points...this is also my first offense

Plead not guilty and (respectfully) ask for a break.
If you plead guilty, you're guilty! why would you get a break?
You're asking for the offense to be REDUCED. and you plead guilty to that!

okay barrow a gps and take the car for drive to check the speedo, if it is off in your favor you can get it calibrated and bring the paper from the calibration to court . then you say not guilty my speedo was off and here is proof, they will drop the by that amount ie: if it is off by 3 they will lower it by 3

now not that i would condon this but if you can figure out how to throw the speedo off before you get it calibrated you can get away with more

ways to affect the speedo

tire size
internal adjustments

then there are some not so nice ways of beating it. like cut down the sign and video tape the drive from the last sign that shows 30 ...showing there was not a new sign saying 25 but only the last one you passed ... or just go swap signs and bring a pic with the new one in place

you can also argue that you were passing a slower car, most states allow you to speed if you are passing a car... at least for a few seconds

In most cases around here(NY/NJ), if you plead not-guilty and it's your first offense, all you have to do is show up in court and they will reduce the charge to one that will not affect your insurance. You don't have to ask for it or plead your case. when you show up to court, an officer will pull you aside and ask you if you will plead guilty to a lesser offense. then you have to pay a fine and your out of there. It's a PITA, but worth it because of the insurance rates in NJ. This is what I went thru a few years ago.

Check to see if you can plead "no-lo." The rules vary widely on this from state to state...

I got tagged earlier this year for 92 in a 55. I called one of these "800" numbers I found in the phone book and a lawyer told me he coudl negotiate a reduction or I coudl plead "No-Lo." Since I was 37 over, I figured a reduction was not likely and went to court. When I got there, I asked the ticketing officer to reduce the ticket before being called to the bench, he said he coudl not based on my speed. I had no choice but to plead "no-lo" to the judge.

Basically, no-lo means you are claiming netiher guilt or innocense, instead placing yourself on the mercy of the court. In Georgia, you can plead no-lo every 5 years. The result is that you pay the full fine, but there are no points assessed or your insurance notified. You also cannot get another ticket for some period, I think 1 year. In my case, the ticket was $350. Of course things would have been VERY different if I had NOT been cited for speeding, but instead cited for something more severe like "careless/wreckless driving."

Not sure what Jersey has now since I have not lived ther for the last 20 years, but I woudl look into the no-lo plea if you're unable to reach a deal before hand. Worst case, hire an attorney and let them do all of this for you. It will cost you about $500-700 + fines, but you will (hopefully) get it reduced or even dropped and perhaps not even have to go to court.

BTW: If Jersey accepts a no-lo plea, and you go to court, they may not even announce it as a possible plea. They usually just ask if you plead guilty or not guilty, so you will need to find out ahead of time if this is applicable. Some states offer the drivers course aas noted above and I have done that in Florida.

Good Luck!

--Jason

Also, if you have the option, set the court date for a very inconveinent time . . . that way the police officer might not be inclined to go. No ticketing officer present, no penalties for you. Maybe set it for the day after labor day at 7:00 AM. Could be a rough drive back from the Jersey shore if the officer is partying down there like most of the rest of Jersey will be that weekend.

The disinformation here is wonderful. Guys, it is not an intentional offense, ergo your prior knowledge of your speed is irrelevant. So don't bother arguing the speedo is off. Don't even think of cutting down the speed limit sign. As for "getting your first ticket free" that is up to the capriciousness of the judge, so I wouldn't go counting on that. As for "it's OK to speed if you are passing" that is incorrect and in any event, he was in a 25 mph zone which i think we can safely say is residential. The ticket was, in fact, 60% over the limit. Oh, how much distance do you have to slow down after passing the sign? none. Zero, zip, nada.

"no-lo" (nolo contendre) is going to get you nowhere. it is used where you wish to dispose of a matter without making an admission that can be used in another proceeding. It would be helpful, here, if while speeding you also ran over some pedestrian.

You can get a ticket dismissed if you do not get a court date set within a reasonable amount of time. You asking for deferral does not count. Oh, pleading guilty and asking for lenience? Let me know when the date is, I want to watch. Pleading not guilty? Ditto.

Hey, for shits and grins go ahead and plea out, then make an overpayment of the fine by check. The urban legend is that since the payment is wrong, the conviction "cannot" be entered into the DMV computer. Let me know how that one works out too.

You MIGHT be able to work out a deal with the prosecutor yourself but i seriously doubt it given the thread. If this is important to you, just hire the lawyer. It will NOT cost the 600 quoted earlier. It will cost you though, since one way or another the state is going to make you pay for this. Pay either them or the lawyer, it's your call.

If the officer does not show up, no penalties.

Since it is a first offense, I do not think you will have a problem getting the penalty switched to a greater fine and no points. You may need a lawyer for this. I've heard of it happening many times.

-Chris

ok..im getting alot of mixed opinons but im still going to try to do what i can....its better than not trying

and ive already sent my info to a law firm and they are going to get back to me on what can be done

My advice above is based on what happened to me a few years ago and also from what I have heard from other people in NJ. (I don't think it is bad advice, or I would not give it.) I would like to add that the first thing I did when I recived the court date was to call the court and ask what I should do. I was told by the officer who answered the phone that pleading not guilty was common and that with first offences the charge was very offten reduced. So, try calling the court they may have good info for you. It can't hurt to ask. Good luck with whatever you decide!

Hi,

All the town wants is the revenue from the ticket plus court costs. There is a violation that is a non-moving no points offense that will net the town the required revenue. Something about being an obstruction on the roadway. You find the statute, call the DA and offer to plead guilty to this particular offense. I wish I could tell you the the statute, but I cannot recall. If he doesn't bite, offer to plead to 5mph over. He really doesn't want to screw you, if it's a small town, he is working on a political appointment and doesn't want to be hanging in court all night. He wants to go home and watch the Yankees or Mets.

Yoour ticket has got to be a 6-8 point violation. That will put you in the pool for sure, and most likely you'll be surcharged. Try to handle this yourself. Your attorney is just going to use the same tatic I've just described to you, but charge you $300/hr for it. If you fail in pre-negotiating your plea, then get the attorney involved.

Carlos

Under what circumstances would it be better to plead something different than not guilty? I don't think there is any other plea that has a better chance of getting this dismissed. If you plead not guilty, there's a pretty strong chance the cop won't show up for the court date over such an offense and the whole thing will just be dismissed. I have experienced that first hand - what a relief!

If the cop does show, how much does having a lawyer increase the chances of it getting dismissed? A lawyer will have to answer that. If it is significant enough, then you just have to balance those odds with the extra cost.

QUOTE (scott thacher @ Jul 13 2005, 11:48 PM)

ways to affect the speedo tire size internal adjustments

lol

QUOTE (Rand @ Jul 14 2005, 07:37 PM)

Under what circumstances would it be better to plead something different than not guilty?

if you plead not guilty, you run the risk of the court finding you guilty of the whole enchilada, plus court costs.

if you plead guilty to a much lesser offense, you accept a much smaller penalty. less fine, fewer points, plead out early, probably no court cousts.

if you believe it's totally bogus - e.g. you weren't there, or it wasn't you driving, or it was a similar license plate but not yours - you can feel morally entitled to fight it, and if it *is* totally bogus, probably you'll get off. if you actually did something like you're being accused of, you're still legally entitled to fight it all the way, but your chances of being acquitted fall into the 'fluke' category, and the risk of a stiffer penalty is real.

i am not a lawyer - but i was married to one for a long time, and i've taken my share of law classes as electives... anyway, that's the circumstances, per your request.

QUOTE (i love porsche @ Jul 14 2005, 05:45 PM)

ive already sent my info to a law firm and they are going to get back to me on what can be done

Law firm ... Pa-leeze.

You were in the wrong; it'll be your snot-nosed self, a veteran cop, and a long-sitting Traffic Court judge. Easy gavel.

Man up. Just plead No Contest, pay the fine, and drag yourself to Traffic School to prevent points on your license. Just drive like there's a cop 'round every corner (in your case, there WAS), and live long enough to enjoy grandchildren. This ain't worth losing sleep (and "law firm" $$$) over.

Me Again,

40 in a 25, you aren't walking away. The judge and the DA will make you pay. The only reason you will get mercy in NJ is that everyone knows how screwed up the insurance system is. You'll have to pay, any lawyer who tells you different is lying to you. It's whether you want the gift that keeps giving, 3 years in the in the pool plus at surcharge of at least $350/yr.

You screwed up. No excuse for 40 in a 25. You just need to get the offense changed to something bearable and pay the town.

Carlos

yeah...im really just looking for it to be reduced as much as possible....its going to be hard to afford insurance now

im not counting on them dropping it...but im just aiming to get it as good as i can

I have to agree with the last few posts. You WERE speeding and you ARE guilty.

HOWEVER.... what can I say... I also was guilty of speeding and plead not guilty and showed up in court and the cop wasn't there and therefor the whole thing was dismissed. This happened to me, so I can speak from my experience.

Even IF the cop showed up, I don't think I would have been slammed with something worse than if I had plead anything else???? I think the judge would have heard my statement (spoken respectfully as a first-time-offender) and my penalty would have been reduced at least as much as if I had plead something else to begin with. BUT I have to admit, this last statement is only an assumption that I cannot speak to from experience. I dunno, maybe I could have been slammed with extra court costs? All I know is I got everything dismissed.

QUOTE (cgnj @ Jul 14 2005, 03:12 PM)

Hi, All the town wants is the revenue from the ticket plus court costs. There is a violation that is a non-moving no points offense that will net the town the required revenue. Something about being an obstruction on the roadway. You find the statute, call the DA and offer to plead guilty to this particular offense.

In Ohio they call in "continous inattention" or something, voilation #432.38b. I was in traffic court for 3 1/2 hours Monday(F-thous Bastards) for driving an "unsafe vehicale" my wheel fell off.

In Ohio you can plead "No-contest" to avoid "real" court precedings. Which basically meens you are pleading guilty but you get to talk before you grab your ankles for the judge. Yes, I'm very very bitter about this Monday.

If you're only concerned with points you're probably going to be OK, do the guilty, or no-contest thing and mention how your mostly concerned with points, never had another ticket, good driver, don't want to ruin clean drving record, bla bla. and hope for the best, but be ready to pay

If you don't want to pay anything. Go the not-guilty route, hope you get a softy prosecutor and the Cop doesn't show, and your golden. Other wise be ready for them to take the glorious waste of time you put them through, out on you.

Good luck

Four tickets in three years and I've never noticed a change in my insurance. What's the dilly in NJ?

QUOTE

Four tickets in three years and I've never noticed a change in my insurance. What's the dilly in NJ?

Ha! You have to drive there to understand.

Last tidbit:

There is one more misconception in the thread: this is not like a trial where the tribunal (jury, judge) is seeking the truth or justice. That is saved for the tickets where you were DUI, or there was an injury or property damage. Here, the system in based on an old boy network. There are a few lawyers who do traffic work and there are a few judges who do traffic work and neither of them are especially satisfied with their lots in life. So when they meet up, they know each other and smile and make deals. That is what you are paying for, their friendship. You get the benefit of that, which will be some reduced nonpoints offense. The other benefit is that when you are represented, you do not have to wait the 3-1/2 hours, you are called first.

BTW, this is not the case when you get tagged in an honest-to-god speeding trap, typically in the south, or goofy little towns elsewhere.

That's what I meant when I said you are going to pay someone for this, either the town or the lawyer.

Guys,
As a recently ticketted driver I have to tell you how NJ speeding tickets work.
1. Go to court.
2. Speak to the prosecuter (having a cops name that you can use as a friend will open the door to the surcharge instantly)
3. Tell him you would like to plead guilty(pucker up and get ready to kiss butt) but you would like to pay the one time surcharge instead of the speeding violation.
4. He will then tell you that it is a one time surchare of $250 plus the cost of the original offence I believe that 15 over is $89-109. You will not get points and you will not get insurance rate increases. You will have to deal with paying out $300-400. This is also called the rich mans get out of jail free card. You can use this up to 3 times a year.
5. Be glad that they at least kissed you first before screwing you

I would confirm Jaiden's experience above is possible and go for that. With this approach you at least know what the outcome is and don't have to chance it. That's why I like the no-lo plea we have here, you know what the outcome is before even going to court.

With regards to No-Lo, I'm not sure if LarryP is a lawyer, but I have used this defense twice... once for speeding, once for "beign stupid when I was in college" and it makes no difference as to the number of charges you have. You just plea it, you are not found guilty, pay a fine and go on about your way. Without being found "Guilty" you have nothign to worry about long term. Of course, like Jaiden wrote above, you are limited about how many times and when you can use it. Again, I know from personal experieince you can have a single speedign ticket and use it successfully.

BTW: I'm not racist at all, but when I used this plea for my speedign ticket I was the only non-minority in the courtroom except for a few cops and a few lawyers. The judge was very "forgiving" of defendants who were there for much more serious reasons than speeding... When I got up there, she made a smart comment about my speed, then a real asmart ass comment that I was driving my Lexus GS430, and that she woudl have to "check my record" before accepting the no-lo plea. She called me back an hour or so later to her bench and told me that since I had not used the no-lo before, she would accept it, but that I should consioder this "as a walk." The judge was pretty intimidating to say the least...

Keep us posted with the final disposition of your ticket.

--Jason

I don't know what it is about NJ, but I work for a pretty big insurance company and we won't write anything there. And we even write in NC where you can apparently tell the judge you'll pray for your offense and get off (once every so many years). I think they call it "Prayer for Judgment" or something.

Good luck!