Legal Question in Traffic Law in New Jersey

speed limt when road not posted

I receive a speeding ticket for 41MPH in a 25MPH zone (as the officer stated). However no part of the roadway that I traveled had any speed limit sign. Do I have any argument based on the fact that there was no sign.

I was traveling to work and had just exited from route 80 eastbound and made a left turn onto a two lane roadway which was a non-residential area that consisted of various types of businesses including truck loading docks. This road is much wider than a normal street, probably because of the truck traffic.

Please let me know if I can refute this ticket.

Thank you.

--name removed--


Asked on 12/11/04, 10:20 pm

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: speed limt when road not posted

In New Jersey the speed limit is 25 MPH in residential and business zones unless posted otherwise. At 41 MPH it is a 4 point ticket. If you talk to the local Prosecutor they will probably reduce it to 39 MPH which is a two point ticket.

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Answered on 12/13/04, 10:31 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: speed limt when road not posted

If it was a non-residential area then there is no presumption of a 25 mile per hour speed limit. In the case you describe there should have been a speed limit sign posted. I owuld have to get photographs of the area to see exactly where the signs are located, if anywhere. But as you describe the situation it does sound like you may have a chance of winning this on the grouds of improper notice. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, - Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 12/13/04, 10:34 am


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