What are the Possible Consequences of a Speeding Ticket?

There are numerous potential direct and collateral legal consequences associated with a conviction for Speeding (N.J.S.A. 39:4-98 and 39:3-20(b), N.J.A.C. 19:9-1.2 and 19:2-2.1) in the Municipal Courts of New Jersey. The direct consequences are the penalties which are imposed by the court, while the collateral consequences are the effects of having that offense on your driving history record. Examples of possible direct consequences associated with Speeding include suspension or revocation of driver's license (N.J.S.A. 39:5-31), fine of up to $400.00 (N.J.S.A. 39:4-98, 39:4-98.7, 39:4-104), and imprisonment up to 15 days but only in extreme cases (N.J.S.A. 39:4-104). Examples of potential collateral consequences associated with Speeding include up to 5 points imposed by the New Jersey Motor Vehicle Commission, work-related problems, commercial driver's license (CDL) issues, auto insurance problems, motor vehicle violations surcharges system assessment for 6 or more motor vehicle penalty points (N.J.S.A. 17:29A-35), and up to 5 automobile insurance eligibility points (N.J.S.A. 17:33B-14, N.J.A.C. 11:3-34.5 Appendix). It is important to note that when a driver is accused of traveling at a high speed, namely exceeding the posted speed limit by 25 mph or more, the police will often issue additional traffic summonses, such as for Careless Driving: likely to endanger persons or property (N.J.S.A. 39:4-97, 27:23-26, 27:25A-21(b), and N.J.A.C. 19:9-1.17) and Reckless Driving (N.J.S.A. 39:4-96). In those situations, the potential consequences are even greater, such as a suspension of driving privileges for willful violations (N.J.S.A. 39:5-31).

The information above is a brief overview of the potential consequences associated with Speeding tickets in the Municipal Courts of New Jersey. It is critical to hire an experienced traffic attorney who can prepare and present a persuasive defense or hardship argument based upon the proper mitigating factors and the specific circumstances of your matter, especially in high speed cases when often accompanied by accusations of Reckless Driving or Careless Driving, in order to try to reduce or avoid the potential negative consequences. All individuals accused of traffic offenses and other quasi-criminal offenses in New Jersey are entitled to the same constitutional protections as those accused of a serious felony crime, namely the right to be represented by an attorney, the right to remain silent, and the right to a speedy and fair trial where the State has the burden to prove each and every element of the offense beyond a reasonable doubt.