My question involves traffic court in the State of: New Jersey.
I received a speeding ticket in NJ for allegedly driving 52 in a school zone (25mph) and the circumstances are very similar to the ones in State of NJ v. John P. Green.
In this case the defendant was clocked at 51mph but prosecution never proved that the area was actually a school zone (defined as during recess when children are visible or during arrival/dismissal) so the defendant won the case on appeal.
In my situation the time of the summons was 3:45 and dismissal was 3:00 so it wasn't a school zone. The speed limit at other times on that road is 35mph
My first question is: Where (and how) during the trial can I make reference to this previous case to show that my summons should be dismissed for the same reasons?
My second question is: Could the prosecution then try to say that I should still be found guilty of exceeding the speed limit of 35mph even though the summons specifically says 52 in a 25mph zone? Can they do this or do they have to stick with what the summons specifically says?
Thanks for any help you could provide.