Legal Question in Traffic Law in New Jersey
How many MPH over the posted speed limit is considered grounds for incarceration?
Assuming any amount of MPH over the speed limit (1 MPH - X MPH) is subject to incarceration, how many MPH over the speed limit is considered the general consensus by the state of New Jersey, and/or the United States?
1 Answer from Attorneys
Technically probably one mile over, I do not know if there is a consensus in New Jersey or elsewhere, maybe there is. In the 18 plus years that I have been handling speeding tickets and other municipal Court matters I have never seen anyone incarcerated for a mere speeding ticket. Generally there is a Threshold regarding suspension of a person's driving privileges. Generally if you are traveling thirty miles over and/or more likely if the person is clocked at 90 or higher there is often a higher chance that a Judge will suspend a persons License or the prosecutor may request one. I have represented people on tickets where they were alleged to have been traveling as fast as 106 in a 65 five and the person received a suspension but was not incarcerated and I was able to lower the points. It depend on the Judge and the facts. I was in a Court where a Motorist was charged with allegedly traveling 123 in a 55 or 65 (I do not recall) and he received a fairly long suspension and a stern warning from the Judge and he was not incarcerated. If you crash a car at a high rate of speed and kill someone, then you have most likely opened the door to a Jail cell if the person is charged with a criminal charge for acting recklessly. I would not recommend speeding to test your proposed theory because it is really worth testing how fast you need to go to push a Judge into considering jail time. I was also in a Court where a young kid was alleged to have been traveling 141 in a 55, I did not hang around to learn the final outcome, but I know that his lawyer was concerned. Everything depends on the facts, were you on the highway, were on a residential street with children present, The statute permits a Judge to put you in jail for speeding, also just because I have not seen it does mean it doesn t happen depending on the situation, but it is an extreme penalty where the only offense the person is charged with is speeding. I hope that helps, feel free to call with any other questions. (201)-342-5030
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