Legal Question in Social Security Law in New York

EZ Pass ticketing

In New Jersey where I live the EZ-Pass system is almost completely implemented on some major highways and I was planning to join since I travel the highways daily. In discussing this with a friend he indicated that once I joined I could be a candidate for easy ticketing since it could be calculated by state police how long it took me to travel from point A to point B. Obviously point A being the beginning of the EZ Pass tagging and Point B being the end of the EZ Pass tagging. With some simple math they could calculate my speed from the beginning point to the end point...Is this form of ticketing legal, and would I have any legal recourse...Would this form of ticketing be legal in say New Jersey but not in Florida where they utilize the same system or would the legalities pertain nationwide...Thanks for the assistence.


Asked on 7/25/00, 5:42 am

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: EZ Pass ticketing

I am licensed to practice in TX only and cannot comment on NJ law.

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Answered on 9/12/00, 5:29 pm
Carolyn Press Chung & Press. P.C.

Re: EZ Pass ticketing

I don't know how this question got into the category of Social Security questions, but I think I can answer it without reference to my knowledge of Social Security Disability law. I travel often to New York,through New Jersey, and I am familiar with the traffic on 95 and through the Holland and Lincoln tunnels. It would not be illegal for the police to use any reasonable first hand evidence of speeding to give you a ticket, but I wouldn't worry about the scenario you have described. First, they would have to spend some time doing their calculations, and your speed would have to significantly exceed that of all of the other EZ Pass ticket drivers to come to their attention. And according to my personal observations, all of the other EZ Pass users are exceeding the speed limit at a pretty standard rate, fast enough that if you drive much faster you're crazy. Second, even the fastest drivers usually have to slow down occasionally because of those extremely dangerous drivers who drive at, or slightly below, the speed limit in the left lanes, and all the person examining your total driving time can determine is the average rate of speed between points A and B. They would have no way of proving that you spent three miles behind a rubbernecker and made up for it by passing everyone on the road. A third point: if you're worried about getting caught speeding, and also worried about getting there first, it looks to me as if the guy with the EZ pass makes up for a mile or two less on the speedometer by moving through the toll booth faster than those of us out of state people who have to wait in the non-EZ Pass lines. Of course none of this has anything to do with the law.

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Answered on 9/12/00, 5:30 pm


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