New Jersey motor vehicle law includes a specific reckless driving offense that can cause you years of problems in addition to immediate jail time, a fine, and a potential loss of driving privileges if you are convicted of the offense. The penalties for a reckless driving conviction are more severe with each subsequent conviction. That can be an issue because a reckless driving offense never comes off your record.
It is important to hire an experienced NJ traffic law attorney if you have been charged with reckless driving in New Jersey. An attorney from the Law Offices of Jonathan F. Marshall can help you keep New Jersey traffic violations from disrupting your life for years to come.
New Jersey law does not specifically define reckless driving, so police officers are making a judgment call when they levy a reckless driving charge. It is a charge that often can and should be challenged.
Contact us today for a free review of the facts related to your traffic violation and a discussion of your legal options. The skilled traffic ticket attorneys at our law firm have more than 200 years of combined experience handling reckless driving charges, including decades of serving as prosecutors and public defenders in more than 25 jurisdictions. They know how to get a reckless driving ticket dismissed or the charge reduced in a plea arrangement, and under what circumstances that is possible. The Law Offices of Jonathan F. Marshall has nine office locations across New Jersey to serve you.
What is a Reckless Driving Charge in New Jersey?
In NJ Rev Stat § 39:4-96 (2022), reckless driving 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.”
In State v. Moran, 202 N.J. 311 (2010), the N.J. Supreme Court ruled that in the context of the reckless driving statute, the term “willful” suggests a deliberate or intentional disregard for the lives and property of others as demonstrated by the manner that a driver operates a vehicle.
A driver may be charged with reckless driving for such acts as excessive speeding or racing, making multiple aggressive lane changes, or disobeying traffic signals, such as stop signs or stoplights. Reckless driving is often added to the legal charges a driver faces after being arrested for driving under the influence (DUI) or after a crash they are believed to have caused.
Penalties and Consequences for a Reckless Driving Conviction in New Jersey
A conviction of reckless driving carries the following possible punishments:
- A jail sentence of up to 60 days in jail
- A fine of $50 to $200
- 5 points on your driving record
- Court costs
If you accumulate 6 or more points on your driving record within three years, you will be assessed a surcharge of $150 or more per year for three years on your New Jersey driver’s license. You can also expect auto insurance increases to the insurance premiums you pay. Your auto insurance company might even cancel your auto insurance.
On a second or subsequent offense, in addition to points on your driving record, you face the possibility of jail time and fines:
- Up to 3 months in jail.
- A fine of $100 to $500, or both.
Even on a first reckless driving offense, you may lose your driving privileges because of a separate New Jersey law that allows a judge to suspend your license if the judge decides you have willfully violated N.J. traffic laws. In State v. Moran, the Court said a driver “must engage in an aggravated form of reckless driving,” to trigger a license suspension. To determine this, a judge must consider such factors as:
- The nature and circumstances of the driver’s conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage.
- The individual’s driving record, including their age and the length of time as a licensed driver, and the number, seriousness, and frequency of previous infractions.
- Whether the defendant was infraction-free for a substantial period before the most recent violation or whether the defendant’s driving record indicates that there is a substantial risk that he or she will commit another traffic violation.
- Whether the character and attitude of the defendant indicate that he or she is likely to commit another violation.
- Whether the defendant’s conduct was the result of circumstances unlikely to recur.
- Whether a license suspension would cause excessive hardship to the defendant and/or dependents.
- The need for personal deterrence.
In short, a judge will consider how recklessly you were driving, your record prior to this incident, and whether there are mitigating or aggravating factors in your personal life.
Having the representation of an experienced criminal defense attorney who can vouch for your character and attitude can make all the difference in the disposition of your reckless driving charge and whether your license is suspended.
Reckless Driving and Impact on Your Permanent Driving Record
New Jersey allows expungement of criminal offenses in certain circumstances. You can legally answer “No” to questions about expunged arrests or criminal convictions on applications and in interviews for jobs, and the expunged charges will not appear in most background checks. However, New Jersey’s expungement law applies to criminal offenses – not to traffic violations.
A conviction of driving recklessly will remain on your New Jersey driving record maintained by the New Jersey Motor Vehicle Commission. A conviction for reckless driving or other traffic offenses will not appear on your criminal record. Unfortunately, potential employers and others conducting background checks usually obtain both.
You can get 3 points deducted from your driver’s record if you go one year with no traffic tickets or license suspensions. Once every five years, you can get 2 points deducted by taking a qualified defensive driving course approved by the N.J. Motor Vehicle Commission. Your insurance company might not factor these point deductions when calculating your auto insurance rates.
FAQs About Reckless Driving
Is reckless driving a crime in New Jersey?
Reckless driving is considered a traffic violation, not a criminal offense, in New Jersey.
What are the penalties for reckless driving in New Jersey?
The penalties for a reckless driving conviction include fines, possible jail time, and points on your driving record. The penalties are more harsh for repeat offenses.
Can a reckless driving charge be reduced or dismissed in New Jersey?
Yes, depending on the specific circumstances, it’s possible for an experienced defense attorney to have a reckless driving charge reduced or dismissed if the police filed the charge improperly.
Is driving under the influence also considered reckless driving?
A driver may be charged with reckless driving for operating a vehicle under the influence of alcohol or drugs in New Jersey.
Accused of Reckless Driving? Get a Free Consultation Today
If you have been charged with reckless driving in New Jersey, hiring an experienced New Jersey traffic ticket lawyer offers the best chance of avoiding jail time, points on your driving record, and loss of your driver’s license. Talk to a traffic law attorney from the Law Offices of Jonathan F. Marshall about having your reckless driving charge reduced or dismissed, or fighting the traffic ticket in court.
Contact us online or at (856) 565-3635 today to speak with an experienced attorney who handles New Jersey traffic tickets.
