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If you’re facing careless driving charges in New Jersey, you may be curious about the consequences you could be facing. This blog will discuss the penalties and prevention strategies of careless driving so you not only know what to expect, but how your lawyer can possibly prevent a conviction.
What is Careless Driving?
In New Jersey, careless driving (N.J. Statute 39:4-97) refers to “A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger a person or property.”
Under this legal definition, Monmouth, Mercer, and Middlesex County drivers face careless driving charges when they choose to drive above the speed limit, run a red light, hold a phone while at the wheel, or fail to put on their turn signal when changing lanes. In addition to this, drivers may also face careless driving charges if the law finds them at-fault for a motor vehicle accident.
Penalties and Prevention: Is Careless Driving Different from Reckless Driving in NJ?
Though you may use the terms interchangeably in your daily life, legally, careless driving and reckless driving are two different charges.
While New Jersey refers to careless driving as the definition provided above, reckless driving (N.J. Statute 39:4-96) refers to “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.”
Common examples of reckless driving include choosing to get behind the wheel under the influence of drugs or alcohol, erratically changing lanes, weaving in between traffic, and racing other drivers.
The main difference between these two charges comes down to intent. With careless driving, while making no excuses for the actions, you may have run a red light because you’re late to work. However, it’s unlikely that you had malicious intent to cause harm by running the light.
Unfortunately, though you may not have intended to cause harm, driving carelessly comes with a number of penalties.
Penalties for Driving Carelessly in Mercer County, New Jersey
The state of New Jersey doesn’t take careless driving lightly. Though graded as a traffic offense instead of a crime, you will discover that the penalties for careless driving are quite steep both in terms of fines and points and possibly even jail time.
Fines and Fees
Depending on the type of careless act committed, law enforcement will likely ticket you anywhere from $50 – $200. This range only applies to drivers facing their first careless driving offense.
If you are caught driving carelessly again, the fines increase. Repeat offenders, whether it’s your second or third time, will be facing a $500 fine. It’s worth noting that this is the maximum cap you will have to pay.
You will have additional costs as well, including court fees if you decide to take it to court, as well as possible surcharges depending on how many tickets you’ve received for careless driving over three years.
Furthermore, any fines you have will be doubled if you are caught driving carelessly through a construction site zone or in areas where the speed limit is 65 miles per hour.
Points on Your New Jersey Driver’s License
In addition to a monetary fine, you may also be facing points on your license upon conviction. With this particular charge, you can expect to incur two points.
If you receive 12 points on your license over the course of a year, you could face license suspension.
Possible Jail Time
Though it’s not as common, there’s still a possibility of you going to jail for up to 15 days if convicted of careless driving.
Ultimately, the decision to sentence Middlesex County drivers to jail for careless driving is up to the judge’s discretion. Some of the factors they may consider include:
- The age of the defendant
- How long the defendant has been driving
- Their driving record, including history of careless or reckless driving before
- Whether their careless driving caused property damage, such as a fender-bender
Even though these penalties are not a guarantee, it’s still wise to hire an experienced traffic offense lawyer to represent you. Not only may they be able to get your charges reduced by arguing a previously clean record, but they may also be able to get your charges dropped.
Careless Driving Conviction Penalties and Prevention
Photo by Alexandre Boucher on Unsplash
As mentioned above, hiring an experienced attorney is in your best interest to safeguard your freedom – not only with jail but for the ability to drive and come and go as you please.
Oftentimes, when it comes to careless driving charges, it is a subjective call. Whereas one police officer may simply write you a ticket for running a red light, another may charge you with careless driving, quickly spiraling a split-second bad decision into something that could cost you a lot of money, as well as your time and freedom.
By hiring an attorney, you get someone who can investigate the details of what happened, why you were pulled over, and even the ticket-giving history of the officer involved. Furthermore, they may be able to develop defenses that can downgrade your charge so you avoid conviction, such as you were using your cell phone to make a call in the event of a medical emergency with someone you’re driving with or back at home.
Regardless of the defense strategy, a lawyer is your best bet for your careless driving charge to be reduced or dismissed to avoid conviction.
Mercer County, NJ, Defense Attorney Leon Matchin Can Help You Understand Penalties and Prevention Strategies for Careless Driving Charges
Do you have questions about the penalties and prevention strategies for careless driving charges in New Jersey? Attorney Leon Matchin is here to not only answer all of your questions but also to offer up an aggressive defense strategy.
There’s a reason why Mercer, Middlesex, and Monmouth County residents turn to Leon Matchin when faced with driving offenses such as careless driving. Schedule your free and confidential consultation today by calling (732) 298-6522 or emailing him at leon@attorneyleonmatchin.com.