License Suspensions Resulting from Certain Speeding Tickets
Almost every driver at some point catches themselves speeding, or at least driving a little bit too fast. Drivers that have had the misfortune of being caught by a police officer or State Trooper while running afoul of the posted speed limitations face certain penalties, including fines and motor vehicle points. For the majority of speeding tickets, the points assessed are either two (1-14 mph over the limit) or four (15-29 mph over the limit) points. However, speeding tickets greater than 30 mph over the limit, and any instance where speed exceeds 90-100 miles per hour, can face significantly higher (and sometimes unbelievable) penalties, including license suspensions and jail time, in which a speeding ticket attorney may clearly be needed for assistance.
Discretionary License Suspension for Speeding (Excessive Speed)
The New Jersey Speeding Statute of N.J.S.A. 39:4-98 does not specifically outline the points, license suspension term, or jail time of a violation under this statute. However, other provisions of New Jersey’s Title 39 provide municipal court judges with the power to suspend a license for good cause. Specifically:
N.J.S.A. 39:5-31 – Revocation of driver’s license by director or magistrate
The director or any magistrate before whom any hearing under this subtitle is had may revoke the license of any person to drive a motor vehicle, when such person shall have been guilty of such willful violation of any of the provisions of this subtitle as shall, in the discretion of the magistrate, justify such revocation.
This gives Municipal Court judges broad discretion and maximum deference in decisions to suspend a driver’s license for essentially any of the major moving violations on the books in New Jersey. Fortunately, judges will usually only suspend a driver’s license upon committing egregious violations, such as speeding more than 30 mph over the limit, or where a suspension is mandated by other provisions of the NJ Motor Vehicle Code.
For five (5) point speeding violations (30+ mph over the limit), many judges will consider suspending a driver’s license for some period of time, usually between 10 and 45 days. When these five-point speeding tickets are coupled with Reckless Driving, Tailgating, or Improper Passing, or when an accident is involved, judges will consider longer periods of license suspension, and may even impose a jail term. A license suspension attorney can argue upon several grounds as to why a license suspension is not appropriate for the violation in question, and may be able to change a judge’s mind at times.
Jail Time for NJ Speeding Tickets (Excessive Speed)
Many defendants find it difficult to believe that judges can send persons to jail just based on speeding tickets alone. The municipal courts of Westampton (Burlington County) and Hamilton (Atlantic County) are two such courts that are notorious for being tough on egregious speeders by often sending persons convicted of 100-mph-or-more speeding tickets, and sentencing them to county jail time.
This is not beyond the discretion of the courts, as unbelievable as it may sound. While persons convicted of disorderly persons offenses and indictable charges can often avoid jail on first- or second- offenses of minor crimes, high-rate-of-speed speeding tickets will send offenders to county jail under certain circumstances under the provisions of N.J.S.A. 39:4-203, which provides for judicial sentencing of “imprisonment for a term not exceeding 15 days” for any violation of Chapter 4 of the NJ Motor Vehicle Code.
All-in-all, speeding tickets for high-speed violations can have significant consequences that a New Jersey license suspension attorney may be able to avoid or lessen, depending on the facts and circumstances of the case. For a free, no-obligation consultation, call 1 (877) 450-8301 and speak with a speeding ticket license restoration attorney today.