I have many clients that come into the office and say they want to fight a speeding ticket. They claim they weren’t exceeding the posted speed limit or the officer made a mistake and had actually clocked a different car not theirs. But to prove a speeding ticket the State is going to have to prove three things. They’re going to have to show, number one, that the officer was qualified to operate the radar device that was used. Secondly, they are going to have to show that the machine that was used was properly calibrated; and third, they’re going to have to show that your, your car was the one that was clocked exceeding the posted speed limit.
Normally it’s going to be difficult under New Jersey law to win a case like that, that’s why most of the time we enter into plea negotiations. Your attorney can go in, speak with the prosecutor, speak with the plea -- police officer, and work out a deal maybe reducing that from a moving violation to a non-moving violation. You enter a plea of guilty but then you walk away with no points, so Motor Vehicles doesn’t surcharge you and your insurance company doesn’t increase your rates. That’s the reason for fighting a motor vehicle ticket.
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