jeudi 23 août 2018

Speeding Ticket

My question involves a traffic ticket from the state of: New Jersey

I received a speeding ticket in Princeton, NJ for going 52 in a 35mph zone (17 mph over, a 4point violation of 39:4-98,99). The officer used Stalker Dual DSR Radar. The officer was parked in a business district, measuring my speed in the opposite traffic lane. I was flagged just as exiting a rural area and entering a business district.

I filed for discovery. Notes are attached. The officer's notes are illegible, if anyone could help with deciphering, I would appreciate it. Furthermore, it's not clear whether the officer notes the mode of operating the radar (the radar log has "SC" noted in the mode column; I don't know what that means). I am meeting with the prosecutor in 2 weeks.

I have a clean record so far.

My defense is as follows:

1. The radar operates at humidity of 90%. The humidity that day was 94% (I have confirming weather records by the hour). I don't know if this will work - the radar is situated inside the vehicle. Furthermore, the weather was foggy that day, with intermittent rain. These reduce the range of the radar.
2. I took pictures the same day. The speed limit sign was heavily obscured, and the last visible sign was 40 mph.
3. Visibility was clear, traffic medium, and the road wet. I was neither in a suburban district nor a business district (via statue 39:4-98). Since NJ has a prima facie law for speeding, and the speed limit signs were obscured, I went a speed limit commensurate with safe driving.
4. I visually confirmed my speed was under 50 mph on my speedometer.

In NJ, your first 2-point ticket moving violation (speeding less than 15 mph over limit) does not raise your insurance premiums. Can I argue with the prosecutor that, given the above and the inherent +/-1 mph error in the Stalker DSR radar, there is sufficient error to knock 2-3mph off my ticket and settle for a 2 point violent (speeding less than 15mph over limit)?

What are my best options? Plea with prosecutor, go to court, or other?

Notes/Ticket https://ibb.co/miVH3K
Tuning https://imgur.com/kxPK3kD
Speedometer https://imgur.com/URIammP
Calibration and Certification https://ibb.co/iosN3K


Speeding Ticket

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