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Is this a plausible defence to a speeding charge or too far out on a limb?

3 Answers

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  • ?
    Lv 7
    7 years ago

    pay the thing you do not have a leg to stand on

  • 7 years ago

    If the officer shows up, you can pursue this argument. If they don't specify anywhere on the ticket or the summons what the legal speed limit is, then accounting to what you've quoted, it would be invalid. Explain to the judge that you are not able to prepare an adequate defense because you haven't been provided the details of the offense that the law requires be provided to you. Just be prepared for the judge to say that your claim isn't sufficient to throw out the charges.

    If the officer doesn't show up, just assert that you want to question him/her regarding these charges and if they're not available to answer the questions, the case should be dismissed for that reason (and don't mention the part about not being told what the legal limit was).

  • 7 years ago

    If a statute requires a complaint for speeding to specify the speed limit applicable by law, and the complaint is missing that information, is that sufficient to have the complaint dismissed without prejudice since it is not proper. Forcing them to refile? Or is the filing of the complaint subject only to court rules, I feel like im on a limb, can somebody straighten out my approach here

    Heres what I am looking at:

    NJSA 39:4-99. Exceeding speed limitations; speed specified in charge

    "In every charge of violation of section 39:4-98 of this Title, the complaint and the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven and the speed which this article declares shall be prima facie lawful at the time and place of the alleged violation."

    I understand that this is just a formality, and that it could be re-filed...but the plan revolves around what the prima facie lawful speed actually is for a violation of 39-4-98...

    ------------------------------------------------------------------------------------------

    39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:

    .......

    b. (1) Twenty-five miles per hour in any business or residential district;

    (2) Thirty-five miles per hour in any suburban business or residential district;

    c. Fifty miles per hour in all other locations.

    ------------------------------------------------------------------------------------

    Under title 39, there are definitions by the amount of frontage for a business districts, residential districts, and a suburban buisness or residential district and ALL THREE apply to the location of the alleged offence, therefore:

    1. The prima facie lawful speed for the purposes of filing the complaint is ambiguous and it would be impossible to file in compliance with 39-4-99

    2. The maximum speed is ambiguous in that location and it may not be enforcable anyways.

    With regards to #1 it sounds pretty crazy, is it plausible? I just thought it up like 20 minutes ago :/

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