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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118789
Experience:  Attorney with over 24 years of law and traffic law
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I RECENTLY RECEIVED A SUMMONS IN CALDWELL, NJ 35 MPH IN A 25

Customer Question

I RECENTLY RECEIVED A SUMMONS IN CALDWELL, NJ FOR DRIVING 35 MPH IN A 25 MPH ZONE. THE POLICE OFFICER DETERMINED MY SPEED BY THE "PACE" METHOD. THE VIOLATION LOCATION WAS LISTED AT THE BORDER OF THE 25 TO 35 MPH ZONES. I WAS CHARGED WITH 39:4-98.14 SPEEDING 10-14 MPH OVER THE POSTED SPEED LIMIT.
QUESTION: CAN I GET THIS REDUCED TO SPEEDING 1-9 MPH OVER THE LIMIT OR MODIFIED TO SOME OTHER TRAFFIC OFFENSE? WHAT SHOULD I DO?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Do you have any other traffic violations on your driving record?

Customer: replied 1 year ago.
Within the past 5 years, just a "Disregard Of Traffic Signal" violation in August 2015.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Were you found guilty of this last traffic violation?

Are you willing to hire a local traffic attorney to represent you in the case involving the new speeding citation?

Customer: replied 1 year ago.
Counselor, thank you for your response. However, the entire point of my question was to obtain competent legal advice in order to AVOID having to hire counsel to contest this charge. Are you able to assist me thru this forum...yes or no?
Expert:  Alex J. Esq. replied 1 year ago.

No. The scope of this forum is limited to general answer to customer's question and I cannot provide any type of legal advice or legal service to JustAnswer.com customers, as such can only be provided by a local attorney.

I will opt-out of your question at no charge to you and wish you the best of luck!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.
First of all, you need to realize traffic offenses are money makers for the municipalities. So the prosecutors are more willing to negotiate plea agreements than they are interested in going to trial. So, the first thing you need to do is plead not guilty and ask for a conference with the prosecutor. You would argue that the officer "paced you" but that there is no proof that the speedometer on his car was accurate. Also, even if his speedometer is certified calibrated, there are many factors affecting accuracy, such as tire tread, tire size, inflation of the tires, road surface and road conditions, whether or not the road was level. So you need to argue that his speedometer was not the accurate measure of your speed and also argue that you believed you were going no more than 5 miles over the limit because that was what your speedometer said and your speedometer was no less accurate than what the officer is claiming his speedometer said and absent any actually certified speed detection measurement you dispute the officer's claims.
That is how you argue a pace ticket, the fact the officer did not have a properly calibrated and certified speed detection device and it was just a guess by the officer.
Most times, the prosecutor will offer you a reduction or a deferred adjudication, which is where you pay the fine but if you get no more tickets in 6 months they will dismiss this one and nothing will be reported to DMV so nothing goes on your license.