This speed limit is unrealistic in this area who really drives 25 MPH there. Not to mention there is a very very small sign that states 25MPH the cops stand there in groups and just tag down massive cars. Should i plead not guilty and fight this?
DUI / DWI Attorney
In New Jersey, if you exceed the limit by 1-14 mph, you will incur 2 points on your license. If you exceed the speed limit by 15-29 mph, you will incur 4 points. By virtue of the fact that you are being charged with exceeding the speed limit by 23 mph, you are facing a 4-point violation. There are things that can be done to reduce or even eliminate the points completely depending upon your driving record. I suggest that you contact an attorney licensed to practice law in the State of New Jersey who specializes in the area of municipal court practice.
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1 lawyer agrees
I concur with the other attorney answer. I also suggest that if you cannot hire an attorney to help you fight the ticket, and you proceed by yourself that you remember the burden of proof is on the cop or the government to prove their case. Although, this is not usually difficult for them, you may have an argument that under the circumstances, i.e. the flow of traffic, safety concerns etc., your speed was reasonable and prudent under the circumstances. If the judge is not firmly convinced of your guilt he is supposed to give you the benefit of the doubt.
Best of Luck. Hire a lawyer if you can.
This information is for academic discussion only.
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Family Law Attorney
Just to briefly add to Mr. Stomel's answer, if the speed limit is posted at 25, it does not matter if it is "unrealistic." If you go to trial and admit you were going 26 miles per hour, you are guilty of speeding; so to say it is unrealistic and you were "only" traveling 30 or 35, you are still admitting you are speeding.
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