SPEEDING and RADAR

SPEEDING and RADAR 

               By Kenneth A. Vercammen

       

 It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding.  In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.

 In every charge of a speeding violation, the complaint or summons should specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation. 

 A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed.  The sign itself does not set the speed limit.  There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law.  There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense.  

More info at http://www.njlaws.com/speeding_and_radar.html

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)    732-572-0030