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Traffic Offense Lawyers in New Jersey

November 20, 2020 Criminal Lawyers

Traffic Offense Lawyers in New Jersey

In New Jersey, careless driving charges generally append to speeding, reckless driving, and eluding violations. Although careless driving is less severe than reckless driving (see below), it can carry penalties that warrant your attention. In addition, police typically issue this ticket to a driver deemed at fault following a motor vehicle accident. With major roadways including the New Jersey Turnpike, the Garden State Parkway and Route 1 & 9, Hudson County in particular receives a lot of commuter and residential traffic. Spodek Law Group has been representing defendants charged with various traffic offenses, from driving while suspended, leaving the scene of an accident and tailgating to speeding or careless driving in towns like Jersey City, Hoboken, Secaucus, West New York and Bayonne for more than fifteen years. Our firm has over 100 years of combined experience on staff, including more than twenty-five years of prior prosecuting. If you would like to schedule a free initial consultation with any one of our New Jersey traffic defense attorneys, please contact our office right away. Here is some important information on careless and reckless driving offenses in New Jersey.

Careless Driving in New Jersey

To get convicted on a careless driving charge, the State must prove the following beyond a reasonable doubt that the defendant:

  1. Drove a vehicle carelessly, or without due caution and circumspection,
  2. In a manner so as to endanger, or be likely to endanger,

A person or property.

What if Careless Driving was a Result of a Fainting Spell or a Seizure?

In circumstances where a person is suffering from a disease which he knows, or which a reasonable person should know, renders him subject to fainting, or weak spells, or seizures of a sort which could imperil his control of the vehicle, it could indicate a lack of due care for the person to drive on a public highway and may subject them to a careless driving charge. Additionally, similar to reckless driving charges, driving under the influence of intoxicating liquor could subject you to a careless driving violation.

Consequences of Careless Driving in New Jersey

Unlike reckless driving, no enhanced penalties exist for a second or subsequent offense of careless driving in New Jersey. According to the criminal code, careless driving is a lesser included offense of reckless driving. Fines for careless driving do not exceed $200.00, if convicted. In addition, if convicted for careless driving, the court may append two (2) points to your license. Keep in mind that it only takes twelve (12) points for the court to have grounds for a license suspension. Depending on your insurance, you could also be subjected to higher insurance premiums because of points on your license.  This is one of the “hidden” charges involved with a careless driving violation.

How is Reckless Driving Defined in New Jersey?

Reckless driving is an offense that commonly accompanies speeding tickets or other traffic violations. Nevertheless, its commonplace does not detract from the seriousness of the charge. Dependent upon the number of prior convictions, you may be subject to as much as $500.00 in fines and three (3) months in prison. The attractions and major roadways that traverse Monmouth County are a major reason for the high frequency of these charges there.

How Does the Prosecutor Demonstrate Reckless Driving?

To convict a defendant on a reckless driving charge, the state must demonstrate the following elements beyond a reasonable doubt:

  1. That the defendant drove heedlessly (i.e. unmindful or thoughtlessly),
  2. In willful or wanton disregard of the rights or safety of others,
  3. In a manner so as to endanger, or be likely to endanger,

A person or property

As indicated by the third element of a reckless driving charge, there is no requirement that any harm to persons or property is inflicted. Rather, the likelihood to endanger through the defendant’s driving is sufficient. Evidence that the defendant drove the vehicle while under the influence of drugs or alcohol alone is sufficient to support a charge of reckless driving. For this reason, charges for Driving While Intoxicated will customarily be accompanied by a reckless driving charge.

Possible Penalties For a Reckless Driving Conviction in New Jersey

The penalties you will face for reckless driving in New Jersey, according to N.J.S.A. 39:4-96, fluctuate depending on the number of prior offenses the defendant may have committed, if any. If convicted for a first offense, the defendant could be punished by imprisonment in the county jail for up to sixty (60) days, and be subject to a fine upwards of $200.00. If convicted on a second or subsequent offense, the defendant could serve a term of imprisonment up to three (3) months, and a fine up to $500.00.

Traffic Attorneys in New Jersey

Spodek Law Group has more than 100 years of combined experience on staff. Our firm has the skill set required to successfully protect your driver’s license. Convictions for either careless or reckless driving offenses could lead to a suspension of your driver’s licenses. If you would like to take advantage of a free initial consultation with any one of our highly skilled traffic defense lawyers, please contact our office right away. Our lawyers are available 24/7 to answer any questions you might have.

 

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