Reckless Driving Ticket in New Jersey: What You Need to Know
Elizabeth, NJ Reckless Driving Ticket Attorney
Reckless driving (NJSA 39:4-96) is a serious traffic offense in New Jersey that can result in severe penalties, such as fines, points, jail time, and insurance hikes. If you have been charged with reckless driving, you may be wondering what it means, what are the consequences, and how you can fight it. In addition to receiving a reckless driving ticket, you might also face a leaving the scene of an accident ticket, careless driving ticket, speeding ticket, or a driving with a suspended license ticket. If you or a loved one is facing a reckless driving ticket in New Jersey, then you should consider contacting Attorney Brett M. Rosen. Here’s why:
- Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
- Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
- Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
- High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
- Recognition: He has been recognized as a Rising Star by Super Lawyers.
If you or a loved one is facing a speeding ticket in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential NJSA 39:4-98 case. In this guide, we will provide you with some insight on how to deal with a reckless driving ticket in New Jersey.
What is Reckless Driving in New Jersey?
According to New Jersey Law Section 39:4-96, reckless driving is defined as:
A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both. On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Reckless driving is a broad and subjective term that can cover a variety of situations. Some examples of reckless driving are:
- Speeding excessively
- Driving under the influence of alcohol or drugs
- Driving the wrong way on a highway
- Running a red light or stop sign
- Failing to yield or signal
- Swerving in and out of lanes
- Driving aggressively or road raging
- Driving while distracted or fatigued
Reckless driving is different from careless driving, which is a less serious offense that involves driving without due caution and circumspection, in a manner that endangers or is likely to endanger a person or property. Careless driving carries lower penalties and fewer points than reckless driving.
What are the Penalties for Reckless Driving in New Jersey?
If you are convicted of reckless driving in New Jersey, you may face the following penalties:
- A fine of $50 to $200 for a first offense, or $100 to $500 for a second or subsequent offense
- Five points on your driving record
- Court costs of $33
- A possible surcharge of $150 or more if you accumulate six or more points within three years
- A possible increase in your insurance premiums
- A possible jail time of up to 60 days for a first offense, or up to three months for a second or subsequent offense
- A possible suspension of your driver’s license for a period of time determined by the court
The penalties for reckless driving may vary depending on the circumstances of the case, such as the severity of the offense, the presence of an accident or injury, the number of prior violations, and the discretion of the judge. Contact our office today to discuss your reckless driving ticket.
How to Fight a Reckless Driving Ticket in New Jersey?
If you have received a reckless driving ticket in New Jersey, you have the right to plead not guilty and contest the charge in court. You may have several defenses available, depending on the facts of your case. Some possible defenses are:
- Challenging the evidence or the testimony of the officer or the witness
- Showing that you were driving with due care and caution under the conditions
- Proving that you had a valid reason or excuse for your driving behavior
- Negotiating a plea bargain with the prosecutor to reduce the charge or the penalties
To fight a reckless driving ticket in New Jersey, you may need the help of a professional attorney who has experience and expertise in traffic law. An attorney can advise you on the best course of action, represent you in court, and protect your rights and interests.
Frequently Asked Questions (FAQs)
What constitutes reckless driving in New Jersey?
- Reckless driving in NJ is defined as driving “heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property” (N.J.S.A. 39:4-96).
Is reckless driving considered a crime in New Jersey?
- Reckless driving is a traffic violation treated as a quasi-crime in NJ. It is not a criminal offense and will not appear on one’s criminal record.
What are the penalties for reckless driving in New Jersey?
- A first conviction carries up to 60 days in jail and/or a fine of $50 to $200. A second or subsequent offense can result in up to 3 months in jail and/or a fine of $100 to $500. Additionally, 5 points will be added to the driver’s license.
How does reckless driving affect auto insurance rates in New Jersey?
- Convictions can lead to major increases in insurance premiums, sometimes as much as 50%. Drivers may also be dropped by their insurer or forced into a high-risk plan.
Can a reckless driving charge lead to a license suspension in New Jersey?
- Yes, in certain circumstances, a judge or the Motor Vehicles Commission can suspend a driver’s license for a reckless driving violation.
What is the difference between reckless and careless driving in New Jersey?
- Reckless driving involves operation that’s obviously dangerous, while careless driving is closer to negligence. The former is a more serious offense with harsher penalties.
How long does a reckless driving conviction stay on your record in NJ?
- Points from a reckless driving conviction typically stay on your record for at least three years, but the conviction itself can remain longer and may impact insurance rates during this period.
What is ‘assault by auto’ in New Jersey?
- A driver who injures another person while driving recklessly can be convicted of ‘assault by auto,’ which can be a disorderly persons offense or a crime in the fourth degree, depending on the severity of the injuries.
Can reckless driving in NJ result in imprisonment?
- Yes, a first offense can lead to up to 60 days in jail, and a second offense can result in up to 3 months in jail.
How many points does the NJ Motor Vehicle Commission impose for reckless driving?
- Reckless driving results in 5 points on one’s license, which is just one point below the threshold for a state surcharge.
What are the fines associated with reckless driving in NJ?
- A first conviction carries a fine of $50 to $200, while a second or subsequent offense can result in a fine of $100 to $500.
What additional costs can be incurred from a reckless driving ticket in NJ?
- Court costs of $33 and a state surcharge for accumulating 6 or more points on your license, costing $150 for the first six points and $25 per point over six, charged annually for three years.
How can reckless driving affect auto insurance rates in NJ?
- Convictions can cause major increases in insurance premiums, sometimes as much as 50%, and can lead to being dropped by one’s insurer or forced into a high-risk plan.
What behaviors might be considered reckless driving in NJ?
- Behaviors such as speeding, driving while intoxicated, swerving in and out of lanes, driving the wrong way on a highway, and striking or nearly striking pedestrians can be considered reckless driving.
What factors do courts consider when convicting someone of reckless driving in NJ?
- Courts consider the intent and endangerment of others. Factors like speed and traffic conditions are also taken into account.
Top-Shelf New Jersey Reckless Driving Ticket Lawyer
Reckless driving is a serious traffic violation in New Jersey that can have negative consequences for your driving record, your finances, and your freedom. If you have been charged with reckless driving, you should not take it lightly or ignore it. You should consult with a qualified attorney and explore your options to fight the charge and minimize the impact on your life. There are many reasons why you might want to hire Brett M Rosen for your reckless driving ticket. Here are some of them:
- He is a skilled defense attorney who has been recognized as one of the top criminal defense attorneys of 2023.
- He has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
- He has extensive experience in handling criminal law, DUI & DWI, domestic violence, and personal injury cases.
- He has successfully represented clients in high-profile cases involving celebrities and reality stars.
- He is passionate, dedicated, and assertive in representing his clients and ensuring fair treatment and due process.
- He is up-to-date with the latest developments in artificial intelligence and their impact on the legal industry.
- He is empathetic and supportive of his clients’ mental health and well-being.
If you are looking for a reliable, reputable, and effective lawyer to handle your reckless driving ticket, you might want to consider hiring Brett M Rosen.