The NJ Speeding Statute
N.J.S.A. 39:4-98, explained.
Every New Jersey speeding ticket is written under this statute. What it says, what the points and penalties really are, and where these cases get fought — in plain English, current as of the 2025 statutes.
What the Statute Says
The default speed limits
39:4-98 works by setting "prima facie" lawful speeds — defaults that govern unless a properly adopted regulation or ordinance sets something different for that stretch of road. The defaults:
| Location | Default limit |
|---|---|
| School zones (during recess / opening and closing hours, children visible) | 25 mph |
| Business or residential districts | 25 mph |
| Suburban business or residential districts | 35 mph |
| All other locations | 50 mph |
| Roads designated under the 65-MPH Speed Limit Implementation Act | 65 mph |
A local footnote written directly into the statute: specific portions of Route 130 in Burlington City carry their own statutory 25 and 35 mph segments — a corridor our office in Mount Holly knows well. When a limit was changed by ordinance or regulation, the change has to have been properly adopted; that's occasionally a real issue in these cases.
Points & Money
What a conviction carries
| Alleged speed | MVC points |
|---|---|
| 1–14 mph over the limit | 2 |
| 15–29 mph over the limit | 4 |
| 30+ mph over the limit | 5 |
Fines follow the statewide violations-bureau schedule and rise with speed; they are doubled in several situations, including speeding 10 mph or more over the limit on a 65-mph road, construction zones, and designated safe corridors. Beyond the ticket itself: reach 6 points within three years and the MVC bills an annual surcharge; reach 12 and your license is suspended. And insurers read your record — a points conviction commonly follows you at renewal time for years. The full point schedule is on our NJ points list.
The Process
What happens after the ticket
Pay or fight
Paying the ticket is pleading guilty — points and all. Fighting means a municipal court date in the town where you were stopped, where most represented cases resolve in a conference with the prosecutor rather than a trial.
The evidence
Radar, laser and pacing all have operating requirements, calibration records and training certifications behind them. Those records are discoverable, and the alleged speed — which sets your point band — is contestable.
The realistic goal
Many point tickets resolve as amendments to lesser or no-point violations, such as unsafe driving under 39:4-97.2. No outcome is ever guaranteed, and prosecutors aren't obligated to offer anything — but that is the fight.
In most routine cases an attorney can appear for you under Rule 7:12-3, so fighting the ticket usually doesn't mean a day off work — which matters double if you live out of state.
When representation tends to matter
Not every 2-point ticket justifies a lawyer, and we say so when it doesn't. The cases where representation usually earns its fee: 4- and 5-point tickets, drivers who already carry points, CDL holders (where a "minor" conviction can threaten a livelihood), out-of-state drivers, and anyone within reach of the 6-point surcharge or 12-point suspension lines. Our guide on whether a speeding ticket is worth fighting does that math honestly.
Common Questions
39:4-98 questions we hear
How many points is a speeding ticket in NJ?
It depends on how far over the limit the state says you were: 1–14 mph over is 2 points, 15–29 mph over is 4 points, and 30 mph or more over is 5 points. The band matters enormously — the difference between 14 and 15 mph over is the difference between 2 and 4 points, which is why the alleged speed itself is often the thing to fight.
What speed limit applies if there was no sign?
The statute sets default ("prima facie") limits that apply even without posting: 25 mph in school zones and business or residential districts, 35 mph in suburban business or residential districts, and 50 mph elsewhere unless a road is designated for more under the 65-MPH Speed Limit Implementation Act. Which default applied to your stretch of road is a legitimate question in some cases.
Will my insurance go up over a speeding ticket?
Insurers set their own rules, so nobody can promise what yours will do — but carriers review driving records, and moving-violation convictions with points commonly affect premiums at renewal. It is one of the reasons a conviction usually costs more over time than the fine printed on the ticket.
Is it worth hiring a lawyer for a speeding ticket?
Honest answer: sometimes no, and we will tell you when. It tends to be worth it when the ticket is 4 or 5 points, when you already have points, when you hold a CDL, when you are from out of state, or when a suspension or surcharge is in play. Our guide on when a lawyer makes sense for a speeding ticket walks through the math.
Related violations & resources
Speeding ticket defense
How we fight these cases, and what we charge.
The practice pageCareless driving (39:4-97)
The 2-point companion charge speeding tickets often become.
Careless drivingReckless driving (39:4-96)
The 5-point charge for speed with aggravation.
Reckless drivingNJ points list
Every point-carrying violation, by statute.
Look up a violationTurnpike tickets
Yes, they carry points — here's how many.
Turnpike guideNJ municipal courts
Where your ticket gets heard, and how a session runs.
Court guideTicketed under 39:4-98?
Tell us the alleged speed and the town. You'll hear the realistic outcomes and our flat fee before you decide whether fighting it makes sense.
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