The most important thing to remember is a careless driving conviction will result in 2 points on your driving record. When a person is pulled over on suspicion of DUI, it is common for an officer to ticket that person for offenses in addition to their DUI arrest. Perhaps they weren't speeding as fast as the officer, radar or laser device stated. She was Managing Business Editor of the Rutgers Computer and Technology Law Journal and she collaborated with me on this blog. The judge typically will grant the prosecutor's request, although this is not required. This statute allows you to plea bargain to a downgraded charge that will not result in points on your driving record. Whichever charge you are facing, be sure to work with a New Jersey attorney like Leon Matchin. You Could Be Facing Jail Time – Several New Jersey traffic offenses carry the potential for jail time. You need an attorney that is ready to fight for you. If your primary concern is keeping your automobile insurance premium and rates down, the safest bet is to talk with a qualified lawyer as well as your insurance company. I had a client recently who was facing a second offense for distribution of marijuana in Bergen County. Using this guide is a great way to ensure you save as much money and time as possible if you are faced with a careless driving violation in New Jersey. A driver can be found guilty of reckless driving regardless of whether a person or property was actually harmed, and the penalties for a conviction can be the same.
Don't believe the hype. What are the penalties for traffic tickets in New Jersey? Failure to Stop or Yield. Careless driving is a lesser-included offense of reckless driving. The average court costs due to "Careless driving where no accident involved personal injury" is $85, along with the addition of the two points to the driver's license. Court costs: Those who take their ticket to court will have to pay $34 in court fees. What You Need to Know About Unsafe Driving (NJSA 39:4-97. In a case involving a reckless driving charge, for example, a defendant might agree to: – Plead guilty to a lesser offense, like careless driving, in exchange for dismissal of the more serious charge; or.
However, this comes with a $250 surcharge in addition to the fine and court costs. This is in addition to the fine or possible surcharge (see below). Protect Yourself from Civil Suits. Careless driving is when a driver operates their vehicle without due caution in a way that could endanger others. If the prosecutor will not deal, ask to have your case rescheduled, saying something like, "This is more complicated than I thought; I'd like time to get a lawyer. " For a second offense, the fine increases to anywhere from $389 to $539. If the reckless driving charge is a second offense, the driver will owe fines of $100-$500 and face up to three months in jail. Contact our firm today to learn how we can help. F. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P. 1983, c. 65 (C. 17:29A-35). A reckless driving conviction—whether a misdemeanor or felony—can also lead to license suspension. Leon Matchin is a New Jersey attorney who has helped many drivers get out of careless driving charges. If you have no prior points on your license, are not in the habit of committing traffic violations, generally drive well and your current driving offense is "out of the ordinary, " you may not necessarily want to plea guilty to "unsafe driving. Often, an attorney can help get charges dropped or downgraded so that the driver can avoid the fines and license points. Leon Matchin is very experienced when it comes to fighting traffic violations.
Tell the person taking your call, usually a "Court Administrator, " that you are pleading NOT GUILTY and ask when the next court date will be. Charges of reckless driving occur when a person is accused of intentionally driving with a disregard for the safety of others, and carries heavy penalties in the state of New Jersey. If you live in these areas, or any other area of South Jersey and have been charged with speeding or any other sort of driving infraction, then contact my office immediately for a free consultation. The outcome of any trial is not certain. Before pleading guilty to a careless driving ticket, you should submit your ticket for review to a professional, such as the above-mentioned WinIt team. It is therefore very important to retain an attorney familiar with the Municipal Court you are to appear in for your traffic violation. If someone was seriously injured, assault by auto is a crime in the fourth degree.
To seek a plea bargain (and make an informed decision about whether to accept a plea bargain), you will need the advice and representation of an experienced attorney. Some defenses to reckless driving charges include: - Disproving the alleged speed. Frequently Asked Questions: How often can I use this no point ticket in NJ? Plea Agreements in New Jersey DWI and Refusal Cases. The most widely used strategy to avoid motor vehicle points assessed by the New Jersey Motor Vehicle Commission usually entails negotiating a plea agreement with the municipal prosecutor, wherein a client will plead guilty to a less serious charge but avoid a trial. For example, rather than having your license suspended, your attorney can make a case that you are a great candidate for community service in lieu of suspension. First, the NJ Motor Vehicle Commission automatically deducts 3 points off of your license and driving record each year provided you have no subsequent violations or suspensions.
N. 4a Breath test refusal. Otherwise, you will be assessed 4 points by motor vehicles. However, if you believe the persecution to be unfair, there are ways to contest a careless driving ticket. On the other hand, your insurance company may only give you 1 point or even zero points for the same infraction, without you experiencing any increase in your premium or monthly payments. In some cases, working with an experienced attorney can result in charges against you being downgraded from a charge of reckless to a charge of careless. In New Jersey, if you were going no more than 14 mph above the limit, there is an exposure of. By following these steps, you can quickly and easily pay off your fine without having to face any surcharges in the future. In the case of a client who receives a Summons for speeding, it can be very difficult to argue that the client delayed traffic through his speeding. Perhaps you can't take a defensive driving course or enroll in the driver improvement program. In addition, some insurance companies even forgive traffic accidents and promise to not increase your rates, even if you're at fault.
How An Attorney Can Help With Careless Driving Charges. 2 Unsafe Driving plea on a two point ticket because of parental pressure. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation. The core difference between careless driving and reckless driving is one of intent. Since traffic violations are minor compared to most criminal offenses, the prosecutor may not feel that it is worth their time and effort to carefully prepare a case, even if they would have a strong chance of getting a conviction. Defense attorneys can negotiate with prosecutors in many cases in a process known as "plea bargaining. "
While it's not as good as a dismissal, it can put your legal issues in your past. This is completely up to the your lawyers negotiation with the municipal court's prosecutor. The difference here is that with reckless driving is a more serious offense because the behavior is viewed as an intentional act, while with careless driving, the behavior is seen as unintentional. D. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200. The only difference between reckless driving and vehicular homicide is that the person's reckless driving must be shown to have caused the death of another in the latter offense. And for a 3rd and final offense, the fine is anywhere from $200-$500. This means that it prohibits any form of unsafe driving that is not covered by an existing traffic law.