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Michael L. Nichnowitz, Attorney at Law (732) 968-4455

Speeding

Michael L. Nichnowitz

July 19, 2024


Even with the 1930’s car pictured, drivers did speed back in the day. But today, with all the major advancements in motor vehicles and construction of highways there is no comparison. After 28 years handling traffic summonses in New Jersey Municipal Courts there are some subtle differences that account for issuing the charge of speeding.

Of course, paying attention to the speed limit signs posted is always the general rule but speed limits may change on the same roadway as drivers proceed. It may change from commercial to residential or vice-versa. Areas may appear to be a commercial zone with a higher speed limit but are in fact marked at 25 MPH residential so its best to stay alert. Drivers must keep eyes moving for the speed limit signs.

When approaching a area marked school zone there may be a blinking yellow light with sign that reduces the speed which goes up when the school zone ends. However I have seen in some states where even a couple of MPH over will result in a ticket. Depends on the location how strictly enforced.

Speed signs may blend in and be less apt to get a driver’s attention in the summer months when trees have leaves or when there are other things drawing attention away from the sign.

On a three or four lane highway, driving in the far left lane is more likely in a non rush hour time frame result in a traffic stop as the far left lane is in most cases a passing lane and exceeding the speed limit continuously in that lane leaves a driver open. When traffic is heavy during rush hour generally all lanes may be utilized but in light traffic traveling in the far left lane and speeding may result in a traffic stop.

A popular complaint commonly heard is where a driver receives a summons for speeding in a line of traffic but the car in front and/or on the side, etc. was also speeding. The driver feels it was unfair to be the only one pulled over and ticketed. The answer to this one… only one at a time and you were the unlucky party.

Cruise control is a great way to drive in the far right lane on for example a four lane highway where drivers may wish to keep a steady speed without the hassle. However that may be the only lane where the use of cruise control is feasible. A glance into the moving traffic in the other lanes on a multi-lane highway would explain why cruise control wouldn’t work because of the in-out, in-out and use of the brake.

Speeding along with having a loud muffler or some other eye catching factor regarding one’s vehicle may be more likely to bring about a traffic stop while the odds may be less likely had there not been a loud muffler or other eye catcher.

But there may be defences to the charge of speeding or other ways of amending or disposing multiple charges.

Speeding