Speeding ticket offense borderline at limit

[davidsh]

Jurisdiction

New Jersey

My brother was driving his car in Pennsylvania and just passed over the border into New Jersey. He received a speeding ticket that was written up as 16 MPH over the speed limit. He said he was driving just over the speed limit like 5 MPH and that the officer told him that it was higher but below a level 3 offense (at 30 MPH). I don't know what to believe but will take it as the truth. I have 2 questions:

1) Can you legitimately challenge a borderline speeding ticket? He wrote it up as 16 MPH but who is to say that it wasn't really 14 MPH? I assume he was tracked by laser or radar. But even if it was a car behind him, even that may not be so precise.

2) I don't think he has any chance to fight the ticket outright since 16 MPH seems like too much speed to overcome. Is it worth hiring a traffic ticket lawyer to fight it?

 

[army judge]

Have you been to observe traffic court lately?

If traffic school is available, that's a sure fire winner.

If DEFERRED ADJUDICATION is offered in your state, that's another sure fired winner!!!

Arguing your innocence about a traffic citation in THEIR court, even with a Lawyer, is usually a non-starter.

 

[davidsh]

Thank you - that is a great piece of information. I have not been to traffic court recently so that is good to know, hopefully just for my brother. I think that presents a better outcome and he will have to see whether it is offered and what it might be.

Good point about the home field. But even there, wouldn't they have to prove the speed of the vehicles? Not to sound ridiculous but I never stopped to think about it until now. Time is easier to prove like on a parking ticket. If the clock from a wireless phone is set by the carrier, the time is pretty certain. There is also the atomic clock. While a little murky it can still be determined with certainty. But the exact speed of a moving vehicle without perfect conditions? I would think you can only get approximate numbers. I have to guess that other people probably tried this approach and was wondering what is said in court, by the officer who I guess has to appear and also the judge if this is challenged. Always good to know your options just in case!!!!

 

[d1amund]

You're serious? They have radar and laser guns. They are also able to use such from behind while pacing you with dash mounted guns. If calibrated properly they are nearly dead on. Ever roll through a zone that has one of those standalone speed alerts signs? They are accurate within a mph. Your brother will claim it was 5mph over, the office will claim it was 16mph over and produce a calibration report. The law is on their side.

 

[army judge]

Thank you - that is a great piece of information. I have not been to traffic court recently so that is good to know, hopefully just for my brother. I think that presents a better outcome and he will have to see whether it is offered and what it might be.

Good point about the home field. But even there, wouldn't they have to prove the speed of the vehicles? Not to sound ridiculous but I never stopped to think about it until now. Time is easier to prove like on a parking ticket. If the clock from a wireless phone is set by the carrier, the time is pretty certain. There is also the atomic clock. While a little murky it can still be determined with certainty. But the exact speed of a moving vehicle without perfect conditions? I would think you can only get approximate numbers. I have to guess that other people probably tried this approach and was wondering what is said in court, by the officer who I guess has to appear and also the judge if this is challenged. Always good to know your options just in case!!!!

Radar, lidar, laser speed detection devices aren't mandated.

Back in the day, and even today in some jurisdictions, officers "paced" vehicles and obtained speeding convictions.

The GUBMNT rarely loses, mate. The best defense is ALWAYS OBEY THEIR LAWS.

 

[Highwayman]

My brother was driving his car in Pennsylvania and just passed over the border into New Jersey.

What exactly is a borderline speeding ticket?? What are you getting at?

You were not there so you do not know what happened. Let your brother fight his own battles.