Many people are surprised at how tough New Jersey traffic laws are. There are serious consequences for being convicted of reckless driving in New Jersey, including up to 30 months in jail.
If you have received a traffic ticket for reckless driving in New Jersey, it is important that you consult with an experienced New Jersey traffic ticket attorney to find out how you can avoid a conviction
Reckless Driving (N.J.S.A. 39:4-96)
Under N.J.S.A. 39:4-96, you may be found guilty of reckless driving if you drive a vehicle “heedlessly, in willful or wanton disregard” for the safety of others and/or in a manner that endangers people or property. Reckless driving is considered an intentional act and applies to a range of reckless behavior, like speeding, driving under the influence, weaving in and out of traffic, passing a stopped school bus, driving against the flow of traffic, etc.
To convict you of reckless driving, the prosecutor must prove the following elements of the offense:
- You intentionally engaged in reckless behavior; and
- You endanger the safety of people or property
If the prosecutor cannot prove both elements beyond a reasonable doubt, the charge will likely be dismissed or reduced to a lesser offense such as careless driving, unsafe driving, or a simple speeding ticket.
The Consequences of a Reckless Driving Conviction in New Jersey
The criminal and financial consequences of reckless driving in New Jersey are as follows:
- Up to 60 days in a county jail for a first offense, up to 3 months for a second offense
- A fine of $50 to $200 (first offense), $100 to $500 (each subsequent offense)
- 5 points against your driver’s license.
- $33 courts cost
Furthermore, if you accumulate 6 points or more, you will be required to pay a surcharge of $150 (and an additional $25 for each point over 6) each year, for 3 years.
Moreover, a conviction for reckless driving, which is considered a very serious offense, can result in your insurance premiums increasing by as much as 50%.
Careless Driving vs. Reckless Driving
Under NJSA 39:4-97, you can be found guilty of careless driving if you drive carelessly and without caution and in a manner that is likely to endanger the lives of others or to cause damage to property. On the other hand, reckless driving involves wanton disregard for the safety of others or property. The main difference between careless driving and reckless driving is that reckless driving is a much more serious offense because it is viewed as an intentional act, while careless driving is seen as unintentional.
Unsafe Driving vs. Reckless Driving
NJSA 39:4-97.2 makes it unlawful to drive in an unsafe manner with regard to the safety of people and property. Unsafe driving is a much less serious offense than careless or reckless driving and does not carry with it any points against your driving record. Therefore, those who have been issued tickets for careless or reckless driving often plead down to unsafe driving in order to avoid points. However, in addition to the fines and court costs, a conviction for unsafe driving will result in an automatic surcharge of $250. Because of this, you need to consult with an experienced attorney before choosing to plead down to unsafe driving.
Can My License Be Suspended For Reckless Driving in New Jersey?
Yes. Though N.J.S.A. 39:4-96 does not specifically list a license suspension as a penalty for reckless driving, given that reckless driving is considered an intentional act, the judge may suspend your license if he or she believes that your conduct was particularly heinous or egregious given the facts involved in the case.
Defending a Reckless Driving Charge in New Jersey
It is important to remember that when you are charged with a traffic offense, the burden of proof is on the state, not you. To be found guilty, the state must prove all elements of the offense beyond a reasonable doubt.
You do not have to prove your innocence, you only need to cast doubt on the accuracy or the sufficiency of the state’s evidence. This can best be achieved by working with an attorney who knows how the law works and has a reputation for being ready, willing, and able to take a case to trial.
An attorney who is known to the prosecutors and judges in New Jersey and who has a strong reputation for being an effective trial lawyer will be better able to negotiate a fair and effective plea bargain and to fight for your rights at trial, if necessary.
Why Hire an Attorney to Defend a Ticket for Reckless Driving in New Jersey?
Any time a traffic offense carries the possibility of jail time, it should be taken very seriously. Any amount of time spent behind bars can irreparably disrupt your professional life and home life and damage your standing in the community.
This is why if you have been issued a ticket for reckless driving in New Jersey, it is important to speak with an attorney who is familiar with the local court system and understand New Jersey traffic laws. Having an experienced attorney working on your behalf can make all of the difference. Please contact our office today for a free consultation.