At the Law Office of Peter Briskin, P.C., we understand that many drivers are confused about what careless driving actually means in New Jersey. It’s not always clear, especially because the law leaves room for interpretation. But make no mistake—a careless driving ticket can lead to lasting consequences.
What is Careless Driving in New Jersey?
Under N.J.S.A. 39:4-97, a person is guilty of careless driving when they operate a motor vehicle without due caution and circumspection, in a way that endangers or is likely to endanger a person or property. In other words, if you’re not driving attentively—whether you’re distracted, speeding slightly, or drifting across traffic lanes—you could be cited even if you didn’t cause an accident.
Careless driving covers a broad range of behavior. It can include:
Aggressive driving like tailgating or unsafe passing
Failing to obey traffic signs or signals
Using a cellphone while driving
Moving into the opposite direction of travel or not yielding to emergency vehicles
Driving across a divided highway improperly
It’s important to know that careless driving is a lesser included offense of reckless driving. Unlike reckless driving, which involves wanton disregard for safety, careless driving does not require proof that you intended to act dangerously. But because of its broad definition, it’s often used as a catch-all violation for conduct that doesn’t fit under another statute.
The statute also applies whether you’re on a public highway, a private property, or a limited access highway. That means you can be ticketed almost anywhere—even in a parking lot.
Careless driving is one of the most frequently issued traffic tickets in New Jersey, and it’s easy to see why. Police officers are given wide discretion, and even a small mistake behind the wheel can result in a stop.
Consequences of a Careless Driving Charge
Being found guilty of careless driving in New Jersey can have serious consequences, even though it’s considered a lesser offense than reckless driving. At the Law Office of Peter Briskin, P.C., we want every driver to understand what’s really at stake before deciding to just “pay the ticket and move on.”
First, a careless driving conviction can result in a fine of up to $200, plus additional court costs. If you accumulate more than six points on your license, the New Jersey Motor Vehicle Commission may also charge you a $150 surcharge, with an extra $25 per point over the six-point threshold—every year for three years.
Worse still, two points are automatically added to your driver’s license if you’re convicted. These points can stay on your record and lead to higher car insurance premiums—in some cases, rates can increase by as much as 16%. That may not sound like much at first, but over time, those extra payments add up.
For commercial drivers, the stakes are even higher. A careless driving conviction can put your CDL license and employment at risk. Many employers have zero-tolerance policies when it comes to moving violations, especially ones that suggest poor judgment or unsafe driving.
Even a single careless driving ticket can leave a lasting mark on your driving record. That’s why we always encourage drivers to explore their legal options before pleading guilty. With the right defense, it may be possible to reduce the charge—or avoid a conviction entirely.
Consequences of a Careless Driving Charge
Many drivers are surprised by the serious penalties that come with a careless driving charge in New Jersey. At the Law Office of Peter Briskin, P.C., we make sure our clients understand exactly what’s at stake—because the impact goes far beyond just paying a traffic ticket.
A conviction under N.J.S.A. 39:4-97 can lead to:
A fine between $50 and $200
Mandatory court costs, typically around $34, but can rise higher
2 points on your driver’s license
A surcharge of $150 per year for three years if you have six or more points, plus $25 for each additional point
A possible jail sentence of up to 15 days, depending on the severity and judge’s discretion
But that’s not all. One of the most costly consequences is the effect on your insurance premium. Insurance providers often raise rates by up to 16% after a careless driving conviction. Over time, that adds up to thousands of dollars out of your pocket.
For drivers who already have points on their license, a careless driving conviction could push them over the edge, triggering license suspension or additional DMV penalties. This is especially true for repeat offenders or those with a second offense in a short period of time.
And if you’re driving with a Commercial Driver’s License (CDL), the penalties can threaten your job. Many employers won’t tolerate drivers with moving violations, particularly when public safety is involved. A careless driving conviction could lead to immediate disqualification or future hiring issues.
Finally, if your careless driving ticket is related to a crash, pleading guilty could expose you to civil liability. That ticket might be used against you in court if someone files a claim for property damage or injuries. That’s why it’s crucial to talk to an attorney before entering any plea.
This isn’t just about points. It’s about your record, your wallet, and in some cases, your livelihood.
Defenses Against Careless Driving Charges
Just because you were issued a careless driving ticket doesn’t mean you’re guilty. At the Law Office of Peter Briskin, P.C., we believe every driver deserves a fair chance to challenge the charge. There are many defenses that can be used, depending on the circumstances of your case.
First, we examine the evidence. Was the officer’s view blocked? Was the citation based purely on observation, or did it involve radar, dashcam, or body cam footage? If speed or improper movement between traffic lanes is part of the charge, we can question whether the equipment was accurate or properly used.
In some cases, a driver may have acted reasonably under the circumstances. For example, if you swerved to avoid a collision or slowed down unexpectedly due to a hazard, your actions may be defensible. This is known as the necessity defense—where the conduct may appear careless, but was required to prevent greater harm.
We also look at whether your actions were misinterpreted. Maybe you were driving cautiously but appeared erratic due to poor road conditions or weather. If another driver’s behavior forced you to react suddenly, we can present that context in court.
In CDL cases, we often rely on federal safety protocols, such as hours-of-service rules, to show that the driver was operating within legal limits. A CDL careless driving conviction carries extra weight, so the right defense strategy is key.
Other possible evidence includes:
Witness testimony supporting your version of events
Dashcam footage from your vehicle or others nearby
Maps or diagrams showing proper entrances, exits, or confusing road layouts
Proof that emergency vehicles or maximum speed signage were not visible or clearly marked
Even if the charge seems minor, a conviction can carry long-term consequences. That’s why we build every case carefully and work to either dismiss the violation or reduce it to a no-point alternative, such as unsafe driving, when appropriate.
Fighting a Careless Driving Ticket in NJ
At the Law Office of Peter Briskin, P.C., we want drivers to know that getting a careless driving ticket doesn’t mean the case is over. You have every right to contest the charge in court—and we have the experience to help you do it effectively.
Many people assume it’s easier to just plead guilty and pay the fine. But that decision could cost you much more in the long run—especially when it comes to insurance premiums, future license suspensions, and potential surcharges from the MVC.
Our team evaluates every aspect of your case. Was the stop legal? Was the traffic sign clearly posted? Did you really fail to obey traffic laws, or was your behavior misunderstood? We don’t take a one-size-fits-all approach. We tailor your defense to the facts and fight for the best result possible.
In many cases, we’re able to negotiate the charge down to unsafe driving under N.J.S.A. 39:4-97.2. This option carries no points on your license, which is a big relief for most drivers—especially those who are already close to the six-point threshold that triggers annual surcharges.
But unsafe driving isn’t always the best choice. That plea comes with a mandatory $250 surcharge, on top of court costs and fines. If there’s a good chance of beating the ticket outright, we’ll tell you.
We also defend drivers cited on specific roadways like the Jersey Turnpike or Garden State Parkway, where conditions can be complex and enforcement strict. Whether the issue involves failure to yield, improper lane changes, or aggressive driving, we know how to build a defense that makes sense to prosecutors and judges.
Bottom line: Don’t assume a guilty plea is your only option. With the right attorney, you may be able to fight the careless driving ticket, reduce the penalties, or avoid a conviction altogether.
Careless Driving and CDL Licenses
If you hold a Commercial Driver’s License (CDL), a careless driving violation in New Jersey can be far more damaging than a typical moving violation. At the Law Office of Peter Briskin, P.C., we’ve helped many professional drivers navigate the legal system after receiving a CDL careless driving ticket—and we understand what’s on the line.
Commercial drivers are held to higher standards under both state and federal law. What might be a minor offense for a regular driver can lead to serious consequences for someone with a CDL. A single conviction for careless driving nj could mean:
Disqualification from operating commercial vehicles
Termination from your job
Difficulty finding future employment
Higher insurance premiums for you and your employer
Some trucking companies enforce zero-tolerance policies when it comes to traffic violations, especially when those violations involve risk to person or property. That means your job could be in jeopardy—even if the offense seems minor.
We’ve seen CDL holders cited for actions like:
Taking a wide turn across traffic lanes
Following too closely in heavy traffic
Failing to yield to a school bus or emergency vehicles
Misinterpreting approved turning courses or restricted vehicle proceeding patterns
In many cases, these situations are not the result of careless behavior but of navigating difficult roads or dealing with unclear signs and signals. We work to show the court that you were operating safely, complying with hours-of-service regulations, and following necessary protocols.
Our firm also works to reduce or dismiss charges to protect your license. If the facts support it, we may seek a plea to unsafe driving, or fight for a full dismissal based on weak evidence or improper procedures.
Your CDL is your livelihood. A careless driving offense shouldn’t end your career. We’re here to help you protect your record and keep moving forward.
Why Hire a Law Firm to Defend a Careless Driving Charge?
A careless driving charge in New Jersey might seem like a simple ticket—but it can quickly spiral into something much bigger. At the Law Office of Peter Briskin, P.C., we understand how these cases can affect your insurance, your license, and even your job. That’s why we take every case seriously, no matter how small it might seem.
Our firm is built on helping people navigate tough moments. When you hire a careless driving attorney, you’re getting more than just legal advice. You’re getting someone who knows the local courts, understands the nuances of New Jersey traffic laws, and is committed to fighting for the best possible outcome.
We start by examining the details of your ticket. Was there clear signage? Were road conditions a factor? Did the officer observe something incorrectly? Every case has its own facts, and we build our strategy around them. In many cases, we can negotiate the offense down to a no-point violation, such as unsafe driving, or present a defense that leads to dismissal.
If you’re a CDL holder, the stakes are even higher. A careless driving conviction can lead to job loss, higher insurance rates, or even license suspension. Our team understands what’s required to protect your commercial license and will work aggressively to defend it.
We also help drivers avoid hidden costs, such as:
Court costs and surcharges
Long-term increases in insurance premiums
Legal exposure in civil court after an accident
Additional penalties for missing court or failing to pay
We offer a free consultation, so there’s no risk in reaching out to find out how we can help. Whether you’re fighting a first ticket or dealing with a subsequent offense, we’ll make sure you understand your rights and options every step of the way.
Driving in New Jersey: Understanding the Risks of Careless Driving
New Jersey has some of the busiest and most heavily enforced roads in the country. Whether you’re merging onto the Garden State Parkway, crossing through a railroad grade crossing, or navigating a limited access highway, the risks of receiving a careless driving ticket are high—especially if you’re not paying full attention behind the wheel.
At the Law Office of Peter Briskin, P.C., we’ve helped countless drivers who were shocked to receive a citation for what seemed like a small mistake. But under N.J.S.A. 39:4-97, even actions like drifting in your lane, rolling through a stop sign, or failing to yield to an emergency vehicle can be enough for an officer to issue a ticket.
One of the reasons careless driving is so common is that it’s considered a catch-all offense. If the officer believes your driving showed a lack of caution—even if it didn’t fall under another specific law—you can still be charged. That includes everything from speeding slightly to making a late turn across traffic lanes.
Drivers often confuse careless driving with reckless driving or unsafe driving, but each has its own legal definition:
Reckless driving involves wanton disregard for safety and is a more serious offense.
Unsafe driving under N.J.S.A. 39:4-97.2 is considered less serious and carries no points, but includes a $250 surcharge and may still affect insurance.
Careless driving falls in between—still serious, but not always intentional.
Understanding these differences is crucial when planning your defense. Many drivers who don’t know their rights end up pleading guilty to the wrong charge, which can hurt their driving record, increase their insurance premium, and lead to long-term problems.
If you’ve been charged, it’s not just about avoiding fines. It’s about protecting your future on the road.
Facing Careless Driving Charges? Seek Professional Help
If you’ve been charged with careless driving in New Jersey, don’t take it lightly. This isn’t just another traffic ticket—it can affect your license, your insurance, and even your job. At the Law Office of Peter Briskin, P.C., we help drivers across New Jersey fight back against these charges and protect what matters most.
Whether you’re dealing with a first offense or you’re a CDL driver facing employment risks, we’re here to guide you. With a strong defense, it’s often possible to reduce or dismiss the charge, avoid points, and save money in the long run.
Don’t wait. Call us today at (908) 279-7979 for a free consultation. Let us review your case and show you how we can help fight your careless driving ticket.