Legal Question in Traffic Law in New Jersey

I need exact procedure to get all information such as an informal discovery request with engineering and traffic study along with calibration record, FCC license and training records and information on radar faults such as shadowing, bumping and batching and tracking history. I was just given a ticket for 73 mph in a 50 zone. Trouble is, I was not speeding at all and several cars to my left and right were speeding and two in front of me saw the speed trap and really brake tested me. Had I actually been speeding, I would have been in the trunk of a car as I was an a motorcycle!!!!!!!! I could not believe the officer pulled me over when traffic was basically trying to kill me. I guess it was my out of state plates (Florida plates in New Jersey) that did it as I was very polite to the officer who was half my age. I do not speed and have been a lifelong motorcyclist. I do not get speeding tickets. This is legal extortion and i want to fight back. There is no possible way an officer could have shot the radar at me and clocked me at 73. No way. He got a reading of one of the cars bunched with me. I need exact info here.

Stopped in Englewood Cliffs NJ on Palisades Interstate Parkway by Parkway Police, but did say STATE on hood.. I guarantee the radar bunched me with the cars. The two cars directly in front of me really hit the brakes very hard. If I had been speeding, I would have hit one in the back. I honestly was not speeding, and on top of it....I saw the unmarked car well up on the hill and the marked car well before the cars did. You see, on my motorcycle, my vantage point is very, very good with my head almost 6 feet off the ground. I saw police loooooong before cars around me did. With all those cars around me no way can officer pick off a motorcycle. Radar will pick up largest object. That would not be my motorcycle. Long after I passed the police, I was sure they were stopping me for just having out of state plates, but no way speeding. Reading on internet and some attorney advice.Also reading "How to Fight your Traffic Ticket and Win". I ONLY WANT SOMEONE WHO KNOWS NJ RADAR SPEEDING TICKET LAW and can show me how to make officer 100% prove offense and also can this be tried by mail as I am in NJ now, but returning to Florida. Please do not tell me what I all ready know. In short, this was a BULLS**T cash register traffic stop. I need exact people to contact.


Asked on 10/12/10, 12:51 am

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Since you seem to have most of the Answers, I will tell you that if you want to fight the ticket you cannot do it by mail. You need to be there in the Court presenting your defense. regardless of whether you hire a lawyer or represent yourself, you need to make a formal request for the discovery in writing. You will get a copy of the report concerning how many cars were clocked speeding that day as well as the records to show that the instruments on the device were properly calibrated. You can go directly to a law library and read the New Jersey practice series regarding speeding and challenging radars. You can make a motion for the additional information, but it is up to the Judge to decide whether you are entitled to obtain all these additional records. The only way you can resolve the case by mail is if you hire a lawyer to appear and plead you to a reduced or no point summons by Affidavit. Since you want to fight it you will need to appear. In New Jersey 23 miles over the limit carries 4 points. I do not know what it carries in your state or if the points even transfer. If they do not, then you may have nothing to lose by going to trial. Hope that helps, feel free to call with any questions (201)-894-9498, otherwise best of luck

Read more
Answered on 10/17/10, 12:02 pm


Related Questions & Answers

More Traffic Law questions and answers in New Jersey