When Speeding Can Lead to More Serious Charges

Under the law, traveling even one mile above the posted limit is a motor vehicle violation. Depending on the exact speed in excess of the limit, the potential consequences include points on a driver’s license, fines, and potential license suspension.

In New Jersey, a speeding driver can be charged with anything from a standard traffic violation to more serious criminal charges, depending on extenuating circumstances. Conditions under which speeding could result in more serious charges include:

• Traveling at excessive speeds, which are defined as 30 or more miles over the posted limit (and/or double the limit in certain areas/zone). When traveling at these speeds, police often charge reckless driving, which carries additional significant penalties, including potential license suspension.
• If an accident and injury results therefrom, the offending driver can be charged with assault by auto, a criminal offense.
• When speed is determined to be the primary factor in a fatal traffic accident, it can result in charges of vehicular homicide, a serious crime, with mandatory imprisonment upon conviction.
• Racing on a highway will not only result in 5 points being issued against a driver’s license upon conviction, but it can also result in a license suspension.
• Fines for speeding in a construction zone, school zone, and/or safe corridor are beyond that of normal speeding fines. Courts have the authority to issue license suspensions under such circumstances.

Even without these extenuating circumstances, speeding is a serious motor vehicle violation. Drivers who accrue enough points risk additional fines and surcharges as well as the suspension of their license. The New Jersey Motor Vehicle Commission also has the authority to administratively suspend Driver’s licenses based upon persistent offenses and accumulation of motor vehicle points regardless of the consequences the respective court imposes in any court disposition.

Failure to respond to a speeding ticket can also increase the associated penalties. It is advisable to consult with a criminal defense attorney experienced in motor vehicle violations and respective criminal offenses who can evaluate the circumstances of your case and offer guidance as to your best course of action.