A reckless driving charge is a serious traffic offense that can cost you 5 points on your New Jersey driver’s license, up to 60 days in jail, and a fine of $50 to more than $200. Six or more points on your MVC driving record within three years will cost you a surcharge of $150 or more per year for three years. You can also expect a steep increase in your auto liability insurance premiums.
New Jersey law allows a judge to suspend your license if they decide you have willfully violated traffic laws, which is part of the definition of reckless driving under N.J. law.
This is why hiring a New Jersey traffic ticket lawyer is so important if you have been charged with reckless driving or other serious traffic offenses. A reckless driving charge is a subjective call made by a police officer on patrol, often in traffic, at night, or in other low-visibility situations. It is a traffic violation charge that can be challenged.
An attorney from the Law Offices of Jonathan F. Marshall can speak to you about how to get a reckless driving ticket dismissed, or the charge reduced to a lesser charge, depending on the facts of the case. Our law firm has one of the largest and most experienced defense teams in New Jersey. Our attorneys have more than 200 years of combined legal experience in courtrooms across the state. Contact us today for a free review of your reckless driving ticket and an evaluation of your legal options.
What is Reckless Driving in New Jersey?
New Jersey defines reckless driving in NJ Rev Stat § 39:4-96 (2022) as driving with wanton disregard for the safety of others in a manner that endangers a person or property.
In other states, the reckless driving statute cites specific acts that should be considered reckless driving, such as excessive speeding or racing, multiple aggressive lane changes, and disobeying traffic signals, like stop signs or stoplights. Though not cited by law, this behavior is likely to lead to reckless driving charges in New Jersey.
How a Traffic Violation Attorney Can Help You?
If you challenge your reckless driving ticket, the burden of proof is on the prosecutor to show that you drove with willful or wanton disregard for the safety of others in a manner likely to endanger others.
The traffic ticket attorneys at the Law Offices of Jonathan F. Marshall will raise questions about the validity of a reckless driving charge. Our attorneys will investigate to determine why you were charged with reckless driving and may raise questions about the following:
- Why the law enforcement officer assumed you willfully made the alleged driving error that caught their attention.
- How the police officer determined that it was your mindset to disregard people’s safety and endanger them.
- Whether the police officer can identify people who were endangered by your driving.
- Whether the police officer observed you operating the vehicle or relied on circumstantial evidence to demonstrate that you were operating the vehicle recklessly.
Evidence To Build Your Reckless Driving Defense
Our skilled traffic ticket attorneys will seek evidence that supports you, such as witness statements, proof of missing or blocked road signs, or GPS evidence that shows you driving at normal speeds at the time when police claimed you were driving recklessly.
In many cases, there are mitigating circumstances, such as a medical emergency, a missing stop sign, or an unclear change in speed limit zones.
Challenge the Police Officer’s Observation
A police officer makes a judgment call when determining whether to charge a driver with reckless driving or some lesser traffic violation, such as speeding or unsafe driving.
A skilled criminal defense lawyer in New Jersey will seek evidence, such as dashcam footage or traffic camera video, which can call into question the officer’s observation or method of determining the driver’s actions involved reckless driving.
Suppose the reckless charge was based on the individual exceeding the speed limit and driving at excessive speed. In that case, a speedometer calibration may be used to show that you were not going as fast as the police officer claimed.
A careful investigation of the charge may turn up counter-evidence to mitigate the seriousness of the N.J. traffic offense.
Plea Bargain to Reckless Driving
It is sometimes possible to negotiate with the prosecutor and have reckless driving charges reduced to a careless driving charge or unsafe driving charge if you have a clean driving record.
If you didn’t hurt anyone or damage property and you have a clean record, we may be able to negotiate a plea deal to reduce the charge or grant a conditional discharge. We have established professional relationships with local prosecutors from years of working in local courts across New Jersey. We know New Jersey law and understand how to structure plea agreement proposals that prosecutors will find acceptable.
Even in reckless driving cases that involve accidents, the prosecution must prove you intentionally drove with willful or wanton disregard for other people’s lives and property. The high bar of demonstrating “willful disregard” often allows us to have the charge reduced to the lesser charge of careless driving. In the event of a reckless driving conviction, we would argue that your case does not meet the standard of aggravated reckless driving that warrants a license suspension.
An alternative to having a charge dismissed without a trial is to agree to a conditional discharge. To be eligible, you must have no previous conviction nor diversion program on your record (conditional discharge, pretrial intervention, Drug Court, or a similar program in another state).
Conditional discharge probation requires you to remain arrest-free for a year and comply with other requirements, including paying any fines. Upon completion of probation, the original charge is removed from your record.
Contact an Experienced NJ Traffic Ticket Lawyer
If you have received a traffic ticket for reckless driving in New Jersey, an experienced traffic ticket attorney can help you develop a strategy to avoid jail time, points on your driving record, and loss of your driver’s license. An initial legal consultation with an experienced lawyer from the Law Offices of Jonathan F. Marshall at any of our nine locations across New Jersey is free. Contact our legal professionals today.
