Speeding in New Jersey

N.J.S.A. 39:4-98 · Moving Violations & Driving Offenses

What the law says

This section establishes prima facie lawful maximum speeds for specified locations and allows reasonable and safe speed limits to be designated after an engineering and traffic investigation. Drivers must also use an appropriate reduced speed in specified situations, including when hazards arise from traffic, pedestrians, weather, or highway conditions.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-98 that the State relies on:

MVC points and surcharges

• Points: 2 points for 1–14 mph over the limit, 4 points for 15–29 mph over, and 5 points for 30 mph or more over.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Other rules that can matter

• The limits in this section are subject to R.S.39:4-96 and R.S.39:4-97.
• A speed limit designated after an engineering and traffic investigation is prima facie lawful, subject to R.S.39:4-96 and R.S.39:4-97, at all times or at times determined by the authority, when appropriate signs giving notice are erected.
• Signs giving notice of limits under paragraph (1) of subsection b. and subsection c. may be erected if the Commissioner of Transportation or the municipal or county authorities determine they are necessary. Signs giving notice of limits under subsection a. and paragraph (2) of subsection b. shall be erected by the appropriate authority.
• When designating reasonable and safe speed limits for a street under its jurisdiction, a municipality or county shall consider, as part of an engineering and traffic investigation, residential density; the presence or lack of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities, or senior communities.
• The listed criteria do not substitute for traffic count, accident, and speed sampling data as appropriate.
• The Commissioner of Transportation shall cause signs to be erected and maintained at such points of entrance to the State as are deemed advisable, setting forth lawful rates of speed; the wording is within the commissioner's discretion.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Speeding charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Racing on Highways →
• Leaving the Scene of an Accident →
• Failure to Report an Accident →
• Using a Handheld Cell Phone While Driving →
• Failure to Observe a Traffic Signal (Red Light) →

Sources

• N.J.S.A. 39:4-98 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.