Reckless driving is a form of negligent driving, and ultimately, it is one of the most common causes of car accidents on New Jersey roads. If you are found to be the at-fault party, the penalties you will face can be quite severe, as you face fines, points, and the potential for up to 60 days in jail for a first offense and 90 days for a second offense. Read on to discover what is considered reckless driving by New Jersey law and how a seasoned Morristown traffic violation lawyer at Graves Andrews, LLC can help you effectively fight off these penalties.
What Is Considered Reckless Driving in New Jersey?
In accordance with N.J.S.A. 39:4-96, reckless driving occurs when someone drives a vehicle in a manner that is “heedlessly, in willful or wanton disregard of the rights or safety of others” that is likely to endanger a person or property.
Common Situations That May Result in a Reckless Driving Charge
- Driving at excessive speeds
- Changing lanes in an unsafe or aggressive manner
- Tailgaiting in dangerous traffic conditions
- Driving under the influence of drugs and alcohol
- Running red lights or stop signs
- Operating a vehicle in a manner that results in property damage
- Street racing
What the Prosecution Must Show
- The driver was operating the vehicle
- The conduct shows a willful or wanton disregard for the safety of others on the road
- The behavior resulted in a risk to people or property
- The circumstances support a charge of reckless driving in accordance with New Jersey law
Whether or not conduct rises to the level of reckless driving depends on the totality of the circumstances. Courts will typically consider the actions of the driver, traffic conditions, and the degree of risk the actions of the driver posed to others on the road.
Can You Go to Jail for a Reckless Driving Ticket?
Yes, depending on the circumstances of the ticket and your prior driving history, a reckless driving conviction may result in potential jail time for those convicted of the offense in Morris, Monmouth, or Middlesex Counties.
Penalties for a First Reckless Driving Offense
For a first offense reckless driving charge, courts in New Jersey may impose
- A $200 fine
- 5 points on your driving record
- A suspension of your driver’s license
- Up to 60 days in jail
Penalties for a Second Reckless Driving Offense
Inevitably, the consequences may be more severe if it is your second offense.
- A $500 fine
- 5 points on your driving record
- A suspension of your driver’s license
- Up to 90 days in jail
How a Reckless Driving Conviction Can Impact Your Future
Beyond the penalties imposed by the New Jersey motor vehicle and court systems, you can face a number of long-term consequences following a reckless driving conviction. This includes:
- Increased auto insurance premiums
- Potential license suspension
- Accumulation of MVC points
- Difficulty obtaining or maintaining employment requiring driving
- Additional penalties for other traffic offenses
- Potential impact on commercial driver’s licenses
What Is a Combination Offense Involving Reckless Driving?
A combination offense is applicable if you are found to be committing more than one crime at a time. In these circumstances, the driver may face multiple charges stemming from a singular incident.
Common Examples of Combination Offenses
- Reckless driving and DWI
- Reckless driving and excessive speeding
- Reckless driving and fleeing the scene of an accident
- Reckless driving and causing property damage
- Reckless driving committed while fleeing the scene of a different criminal offense
For example, if you are traveling at excessive speeds while also being under the influence of drugs or alcohol, you can face both a DWI and a reckless driving ticket.
Can Reckless Driving Charges be Challenged or Reduced?
While all cases are different, you may be able to defend against these charges, ultimately having your reckless driving offense reduced or dismissed.
Potential Defense Strategies
- Challenging the observations of the officer who initiated the traffic stop
- Disputing evidence involving speed measurements
- Showing a lack of willful or wanton conduct
- Utilizing witness testimony
- Challenging charges based on procedural or evidentiary matters
- Negotiating a plea deal for reduced charges when possible
Contact Our Experienced Morris County Criminal Defense Firm
If you are facing charges for reckless driving or a combination offense involving reckless conduct behind the wheel, it’s critical to connect with an experienced criminal defense attorney with Graves Andrews, LLC as soon as possible. Our firm will examine your circumstances to determine the best course of action to help you fight for the best possible outcome. When you need help, do not hesitate to contact our dedicated firm today.