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Speeding Tickets in New Jersey
What happens if you get a traffic ticket in New Jersey?
Anyone charged with a speeding violation in New Jersey can pay the fine set forth on the ticket by providing payment through the mail. Anyone ticketed for speeding on New Jersey roads can also pay their ticket online. Payment of the ticket means you are pleading guilty to the offense and that the NJ Department of Transportation (NJDOT) will be notified of the violation. NJDOT may also notify out-of-state transportation departments.
A driver charged with a New Jersey speeding ticket will be notified that they must appear in court unless they make arrangements to pay the fine in advance. The police officer and/or a prosecutor will appear at the court hearing on the assigned date and time.
Before the hearing begins, a defense attorney, such as one of our New Jersey speeding defense lawyers, will speak with the officer or prosecutor. Often, we can negotiate a plea bargain in which the speeding ticket offense is reduced, resulting in fewer points.
If an agreement is not reached, a hearing will be held before the traffic court judge. During the hearing, the defense lawyer will have the right to cross-examine the police officer and introduce other evidence.
Some of the challenges our NJ traffic lawyers face with speeding tickets are
- The radar gun wasn’t correctly calibrated within the proper time limits. Tests from radar guns that do not meet routine standards should be invalid.
- The officer did not use the radar gun properly. The officer should be trained appropriately. If he was driving while he/she clocked you, that may affect the results.
- Other cars were traveling near you. The speed of other vehicles may affect the accuracy of the test.
- Weather conditions may have affected the results. Rain, wind, cold, or snow can affect the test results.
- You have a good reason for driving at a high speed. Some valid reasons include a defective car part or a medical emergency. You may have justifiably sped to get out of an oncoming car.
We also explore many other technical defenses that challenge speed guns. Nearby buildings can also distort the reading.
We may also cross-examine the police officer. If we can show that the officer didn’t clock you for enough time or was distracted, we can cast doubt on the officer’s claim.
If the police have an airtight case, our lawyers still try to persuade the officer to reduce the speeding ticket to a less severe amount. For example, reducing from 15 mph to 14 mph means fewer points on your driver’s record, lower fines, and, most likely, lower premiums.
When can an attorney contest a speeding ticket or ask for a dismissal of charges?
Just because a police officer says you were going 10 miles per hour, 20 mph, or any amount of miles over the speed limit, doesn’t mean there aren’t defenses. Defendants have the right to challenge every aspect of the ticket. If there is a reasonable doubt that you were speeding, the traffic court judge should dismiss the case.
What are the typical court costs for speeding tickets in New Jersey?
If you are convicted of or plead guilty to speeding, your punishment depends on several factors. These are the speeds you traveled and whether you were in a safe corridor or a construction zone. Provided below are the fines you will have to pay for speeding outside of a safe corridor or construction zone:
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- For exceeding speed limit by 1-9 miles per hour – $85
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- For exceeding speed limit by 10-14 miles per hour – $95
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- For exceeding speed limit by 15-19 miles per hour – $105
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- For exceeding speed limit by 20-24 miles per hour – $200
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- For exceeding speed limit by 25-29 miles per hour – $220
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- For exceeding speed limit by 30-34 miles per hour – $240
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- For exceeding speed limit by 35-39 miles per hour – $260
The fines listed above must be doubled when the offense is committed in an area designated with a speed limit of 65 miles per hour, in an area of highway construction or repair, or in a designated safe corridor.
New Jersey Fines & Penalties For Speeding
A driver exceeding the speed limit by 40 miles per hour or more, or by 20 miles per hour or more in a construction zone or safe corridor, may be required to appear in court. In addition to the fines listed, the New Jersey Motor Vehicle Commission may add points to your driving record. If you accumulate enough of these points, you will be subject to additional fines or even a license suspension, provided you have 12 or more points at any time.
For speeding, the following points will be added to your record:
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- For exceeding the speed limit by 1-14 miles per hour – 2 NJ DMV points
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- For exceeding the speed limit by 15-29 miles per hour – 4 NJ DMV points
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- For exceeding the speed limit by over 30 miles per hour or more – 5 NJ DMV points
The New Jersey Motor Vehicle Commission will suspend a person’s New Jersey driver’s license any time a driver accumulates 12 or more points. The suspension period will depend on the Motor Vehicle Point Accumulation chart. In addition, the Motor Vehicle Commission or the Court may suspend your New Jersey driver’s license if it is found that you committed this violation intentionally.
Review the New Jersey point schedule
The fines will range from $85 to $260, depending on the speed at which you traveled. Fines are doubled if you drive 65 mph or more, in a construction zone, or in a designated safe corridor. This means that if a driver was going 66 mph in a construction zone where the speed limit was 35 mph, the driver could receive 10 points for just one offense.
Any driver who accumulates six points or more within three years will be surcharged, a charge in addition to the court fine, in the amount of $150, plus an additional $25 for each point over six points. The driver is surcharged for three years, with a minimum penalty of $450.
Additional surcharges may apply if other offenses occurred while the driver sped, such as driving while intoxicated. Extra points will also be added if other offenses are recorded on your driving record, such as improper passing, failing to stop at a traffic signal, or failing to cooperate with a police officer.
Any driver who accumulates 12 points or more will have their license suspended.
What are the consequences of receiving a speeding ticket when your license is suspended?
Many drivers are tempted to drive even though their license is suspended because they need to get to work, buy groceries, worship, or for any number of other personal reasons.
If a driver is convicted of driving while his/her license is suspended, the driver faces several penalties, including:
- A three-year surcharge of $750
- A fine of $750 for a first offense
- A fine of $750 for a second offense and a jail sentence of one to five days
- A fine of $1,000 and a jail sentence of 10 days for a third offense
- A jail sentence of $45 to 180 days if the driver injured someone in an accident
- A jail sentence of 10 to 90 days if the driver drove while intoxicated
- A jail sentence of 10 to 90 days if your license was suspended because of an insurance violation
Additional months will be added to your license suspension if you were caught driving while your license was suspended.
If convicted of speeding, you will receive additional points depending on how fast you exceed the speed limit. Those points will be added to your driving record. For example, if your license were suspended because you had 12 points and drove at a speed that earned you 4 points, you would have 16 points. This means you will have to wait several additional years before you can legally drive again.
The mandatory probation sentence from DMV for speeding in NJ
Newly licensed New Jersey drivers have a two-year probationary period during which, if they are convicted of two or more moving violations, such as speeding convictions, that total four or more points, they will be required to take and pay for a Probationary Driver Program. The minimum number of points for any speeding violation is two, so every new driver with two speeding tickets must complete the course.
There are ways to challenge a license suspension with the help of an experienced New Jersey speeding ticket lawyer.
The lawyer can:
- Defend against the charge you were driving while your license was suspended. The most common defense is that the prosecution has not met its burden of showing that proper notices were sent to your last known address advising that your license was suspended.
- Provide a defense against any companion charges, such as speeding tickets or DWI charges. Dismissing the companion charge means you won’t incur additional points, fines, or possible jail time due to those offenses.
- Contest the underlying suspension as invalid. For example, we may be able to argue that points should be removed from your DMV record because you drove safely for a year or because you completed a driver improvement program.
An experienced lawyer can often negotiate with the prosecution to argue that your license should not be suspended for any of the above reasons, thereby avoiding a hearing before a judge.
How can a speeding ticket be compounded when charged with other moving violations?
Many drivers who are charged with speeding also face other charges. Drivers who go too fast often run through red lights and stop signs, fail to yield or allow other cars to merge, and commit other traffic violations. Drivers who operate their vehicles under the influence of alcohol or drugs may face jail time and loss of driving privileges on conviction. In the worst cases, many drivers who speed get into automobile accidents, which can prove life-altering or even fatal.
Drivers charged with multiple offenses face risks that drivers who are simply going a few miles over the speed limit don’t face.
Convictions on multiple charges mean:
- Additional points. The Department of Motor Vehicles (DMV) will assess points for each moving violation. Speeding alone can result in two to five points.
- Drivers with six or more points will have to pay a yearly surcharge of $150 plus another $25 for each point over six, for three years
- Greater risk of a license suspension. A driver in Union County who accumulates twelve or more points will be asked to surrender his/her license.
The more points a driver has on his/her record, the higher his/her insurance premiums will be. The penalties can get even worse if the driver tries to resist an arrest, which can lead to jail time.
Drivers who get into an accident will also be involved in civil litigation over any injuries and property damage they caused.
Consequences of failure to respond to your ticket or to show up at court
Speeding tickets are heard in municipal court unless other offenses are involved, such as driving while intoxicated (DWI). If a driver fails to appear at the designated hearing date and has not paid the fines, the municipal court judge will likely issue a “failure to appear” notice and relist your case for a future date. The notice will be mailed to the driver’s address, allowing the driver time to comply with any instructions.
The judge could issue a warrant for your arrest (a bench warrant) either at the original hearing date or at the time outlined in the failure to appear notice if you fail to appear again. In addition to the humiliation of being arrested, the judge could order that your driver’s license be suspended until the warrant and the underlying speeding ticket are resolved. The Department of Motor Vehicles (DMV) will receive immediate notice of the suspension.
If you ignore the bench warrant, it can stay open for years, and you may be arrested at work, at home, or anywhere the police find you. If you drive while your license is suspended, you could be arrested or your license could be revoked, requiring you to respond to both the speeding ticket and the license suspension charge.
Drivers who have a legitimate reason for not being able to attend a hearing should let the municipal court know before the hearing date. Often, a continuance will be granted. You must appear at the hearing if the court denies a continuance request.
If a bench warrant is issued, you can explain why you failed to appear. If you had a legitimate reason, such as a death in the family, the judge may excuse your failure to respond. Otherwise, the judge can order the driver to pay a contempt of court fine and proceed with the speeding ticket violation.
Why hire us to defend your New Jersey speeding ticket?
Aiello, Harris, Abate Law Group, PC, has represented thousands of individuals in New Jersey for traffic ticket offenses, including numerous speeding tickets. Speeding tickets are often issued by state troopers or local police officers who use radar to determine your travel speed. Your speeding tickets and other motor vehicle offenses accumulate points on your driving record. Our attorneys have over 250 years of combined experience defending individuals who have received speeding tickets in New Jersey.
Insurance companies count your speeding ticket points and points for other traffic offenses. The number of points on your record will affect the premiums you pay. If you accumulate more than 9 points, it will be prohibitively expensive for you to purchase insurance coverage.
Aiello, Harris, Abate Law Group provides the top New Jersey speeding ticket lawyers to fight against your Speeding Tickets in New Jersey through our New Jersey criminal defense law firm.
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Defending Your Rights In Municipal Courts Across New Jersey
At Aiello, Harris, Abate Law Group, PC, our New Jersey criminal defense lawyers can guide you through the speeding ticket process. Our speeding ticket attorneys are former municipal prosecutors. We inform drivers of the fines, penalties, points, and likely insurance increases that will apply if convicted. We explain that many cases can be negotiated and that there are legal defenses that may apply.
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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