New Jersey Speeding Tickets
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New Jersey Speeding Ticket Cases
"K-55 Radar" was completely reliable as a speed measuring device provided that it was properly operated by an individual who was competent to operate the radar after having been trained in its use. State v. Wojtkowiak, 174 N.J.Super. 460, 416 A.2d 975 (A.D.1980).
Speed measurements produced by laser speed detector are admissible whether made in daylight, or at night, and within any temperature range likely to be found in state, even if made under conditions of light or moderately heavy rainfall, but speed measurements taken during heavy rain or while snow is falling are not admissible without support of adequate expert testimony in the individual case. State v. Abeskaron, 326 N.J.Super. 110, 740 A.2d 690 (A.D.1999).
Speed measurements produced by laser speed detector, at any distance up to 1,000 feet, are generally admissible, but measurements made at any distance in excess of 1,000 feet are admissible only with support of adequate expert testimony in the individual case. State v. Abeskaron, 326 N.J.Super. 110, 740 A.2d 690 (A.D.1999).
Performance testing of laser speed detector demonstrated sufficient reliability that speed readings produced by such detector should generally be received as evidence of the speed of motor vehicles without the need for expert testimony in individual prosecutions arising under the motor vehicle laws, in light of prior determination that using laser to measure speed was widely accepted in relevant scientific community and was valid. Matter of Admissibility of Motor Vehicle Speed Readings Produced by LTI Marksman 20-20 Laser Speed Detection System, 314 N.J.Super. 233, 714 A.2d 381 (L.1998), affirmed 326 N.J.Super. 110, 740 A.2d 690.
In prosecution for speeding, sufficient proof of accuracy of speed gun used to measure defendant's speed was not furnished by evidence that accuracy of speed gun was measured by use of single 50-mile per hour tuning fork. State v. Readding, 160 N.J.Super. 238, 389 A.2d 512 (L.1978).
State had burden of showing that the 25-mile-per-hour speed limit applied, in speeding prosecution arising from defendant's alleged speeding in school zone. State v. Green, 327 N.J.Super. 334, 743 A.2d 357 (A.D.2000).
As in any criminal case, burden was upon State in speeding prosecution to prove all essential elements of offense charged. State v. Ring, 85 N.J.Super. 341, 204 A.2d 716 (A.D.1964), certification denied 44 N.J. 407, 209 A.2d 142, certiorari denied 86 S.Ct. 24, 382 U.S. 812, 15 L.Ed.2d 60, rehearing denied 86 S.Ct. 306, 382 U.S. 933, 15 L.Ed.2d 344.
Where general speed limit on highways of State is 50 miles per hour, in absence of proof of showing that another or lower speed limit applies in the district, presumption must be that the 50 miles per hour limit applies. State v. Miller, 58 N.J.Super. 538, 156 A.2d 750 (Co.1959).
Conviction for speeding did not depend upon showing that defendant intended to operate his vehicle at speed in excess of 50-mile limit, and he was properly convicted on sufficient evidence despite his contention that he had had his cruise control repaired early on the morning of the alleged offense and had set it thereafter at 50 miles per hour. State v. Packin, 107 N.J.Super. 93, 257 A.2d 120 (A.D.1969).
Speeding is not a lesser included offense in a charge of careless driving; thus, municipal court lacked power and authority to amend complaint of careless driving to speeding. State v. Jahn, 121 N.J.Super. 209, 296 A.2d 364 (Co.1972).
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