how much is an attorney for reckless driving in nj

Court costs: New Jersey courts impose a fee of $33 for those charged with reckless driving. Surcharge: Any driver in New Jersey who receives 6 or more points on their license must pay a state surcharge. This surcharge costs $150 for the first six points and $25 per point over six.

Full Answer

What is the penalty for reckless driving in New Jersey?

Penalties For Reckless Driving If found guilty of reckless driving, one can face 5 points on their drivers license, up to 60 days in jail, fines between $50 and $200 for a first conviction, and suspension of driver's license from one to ninety days if the Judge deems the driver a road hazard.

Can you go to jail for reckless driving in NJ?

In a word, yes. For your first reckless driving conviction, it is possible to have to spend up to sixty days in county jail. For a second or subsequent offense, this jail term rises to ninety days. In addition to these possible jail sentences, you may be required to pay fines of up to $500.

Is reckless driving a criminal offense in NJ?

When traffic laws are broken, drivers can face penalties such as points, fines, and even jail time. Reckless driving is a criminal offense that can carry all of the above penalties. If you are facing a reckless driving charge, then it is important that you speak to an experienced attorney as soon as possible.

Is a reckless driving ticket points in NJ?

A reckless driving conviction will result in 5 points being added to your driver's license. Often a reckless driving ticket will be given in conjunction with other tickets, possibly exposing you to additional points and fines.

What is considered reckless driving?

Reckless Driving Meaning As defined by the law, a driver is considered reckless when he or she drives a vehicle without any reasonable caution. This includes not considering traffic situation, road width, crossing or pedestrian, curves, grades, visibility, and any other highway, weather, and atmospheric conditions.

How many times can you plead unsafe driving in NJ?

Keep in mind that you are only able to use this plea bargain two times within a five year period. If you plead guilty a third time within five years, the Motor Vehicle Commission will actually add 4 points to your record.

Is a reckless driving ticket a misdemeanor in NJ?

Although reckless driving in New Jersey is treated as a crime, a reckless driving conviction will not show up on your criminal record the way a misdemeanor would. Instead, a reckless driving charge will only show up on your driving record. That being said, reckless driving is still a serious citation.

How can police prove careless driving?

For the prosecution to prove the offence of driving without reasonable consideration, it must show that other road users were inconvenienced by the defendant's driving, although this can be proved by inference. Other road users can include passengers in the defendant's car.

Can you go to jail for speeding in New Jersey?

A speeding violation conviction generally results in fines of $50 to $200 and up to 15 days in jail (though jail time isn't common for speeding tickets). But the fines are doubled for violations involving driving at least 20 miles per hour over the limit or at least ten miles per hour over a 65-mile-per-hour limit.

How many points will suspend your license?

Here are 10 things you need to know about the new Demerit Points System, courtesy the Ministry of Works and Transport: 1. Your driving license can be suspended once you cross 10 demerits within a three-year period.

Is reckless driving a crime?

If there are damages and injuries as a result of reckless driving, then the Revised Penal Code will be applied. According to DOJ, "depending on the extent of damages caused, a person may be charged with crimes such as physical injuries, damage to property or even homicide and murder."

How long does it take for points to be removed from your license in NJ?

Thankfully, the New Jersey MVC will remove these points for a couple different reasons: Three points will be removed if you go one full year without receiving a violation or having your license suspended. Two points will be removed if you complete a NJ defensive driving course. This can be done once every five years.

Can you go to jail for speeding in NJ?

A speeding violation conviction generally results in fines of $50 to $200 and up to 15 days in jail (though jail time isn't common for speeding tickets). But the fines are doubled for violations involving driving at least 20 miles per hour over the limit or at least ten miles per hour over a 65-mile-per-hour limit.

Is reckless driving a criminal offense?

A conviction for dangerous or reckless driving is a criminal conviction.

What is criminal speed in NJ?

A reckless driving charge will often be given in addition to a speeding ticket when a person is driving more than 30 mph higher than the speed limit or over 90 mph. In addition to points you may obtain on your license if you are convicted of speeding, you must also pay a fine.

How many points does it take to lose your license in NJ?

12How do points affect you? If you get six or more points within three years on your current driving record, you will be assessed a surcharge. If you get 12 or more points on your current driving record, your license will be suspended.

Is reckless driving a crime in New Jersey?

Reckless driving is a traffic violation that is treated as a crime. It is often referred to as “quasi-crime.” Unlike in New York and other states,...

What speed is considered reckless driving?

A NJ reckless driving charge is not solely dependent on one’s speed, although speeding can be a factor in determining if a driver was acting reckle...

Is driving drunk also considered reckless driving?

State v. Stanton establishes that “Intoxication in combination with other evidence or standing alone may satisfy the recklessness element” of a rec...

Is reckless driving worse than careless driving in NJ?

Yes. Reckless driving carries more points, a higher fine, and a longer jail sentence than careless driving.

Is DUI worse than reckless driving in New Jersey?

Both are serious but a DUI charge carries far more serious penalties than a reckless driving charge. In some serious cases, an attorney may recomme...

What happens if you are charged with reckless driving in New Jersey?

Most people who are charged with reckless driving in New Jersey do not understand the charges against them or the severity of the penalties that may be imposed. Reality is, however, that you can face significant ramifications if you fail to successfully defend the charge including a license suspension, five points on your license, fines, surcharges and skyrocketing insurance rates. Our experienced New Jersey traffic attorneys have been helping those facing traffic and criminal charges for years, and understand the municipal court system and what it takes to improve a client’s chances of securing a positive case outcome. To schedule a free consultation with one of our lawyers, call us at 877-450-8301.

How many points can you get for reckless driving in New Jersey?

In addition to potential incarceration time and a large fine, a person who is convicted of reckless driving in New Jersey will also have five points applied to their license, which can significantly affect their insurance premiums, and may – if the driver has other points already accrued – be enough to result in a license revocation. A person who is charged and convicted of a second or subsequent reckless driving violation faces up to 90 days of incarceration and a fine of between $100 and $500. The court also has the discretion to suspend a driver’s license (for a first or subsequent offense) for a time period of up to 45 days.

What Is Reckless Driving?

39:4-96 defines reckless driving as the “heedless” operation of a motor vehicle that is done with willful or wanton disregard of the safety of others, and in a manner to endanger, or likely endanger, a person or property . It is not to be confused with careless driving, which is very similar, but is instead defined as the careless operation of a motor vehicle without “due caution and circumspection.” The following are examples of behavior that could result in a charge of reckless driving:

Why is reckless driving so difficult?

Because of the vague language of the reckless driving statute, specifically as it pertains to a wanton and willful disregard for safety, it can be difficult for the prosecution to prove beyond a reasonable doubt that a defendant has committed an act of reckless driving.

How much speed can you change to reckless driving?

Disproving the alleged speed. A difference of one to two miles per hour can change a charge of careless driving to reckless driving. If speeding is the cause of your reckless driving charge, attempting to disprove the alleged speed (i.e. suggesting that the calibration of the radar gun was off, or that the police officer who stopped you failed to use a radar gun at all) may be successful.

Can you get a ticket dismissed for reckless driving in New Jersey?

By working with an experienced New Jersey reckless driving defense attorney, you can improve your chances of having your ticket/summons dismissed or downgraded. Contact the law offices of The Law Offices of Jonathan F. Marshall today to schedule your free case consultation and learn more.

Is reckless driving a crime in New Jersey?

Because reckless driving is a dangerous act that, by its definition, puts others at risk of injury, the traffic violation is harshly punished in the state of New Jersey. According to the same section of code cited above, reckless driving is punishable by:

Reckless Driving vs Careless Driving

New Jersey has a fairly loose careless driving law, which allows a police officer significant discretion to issue a ticket for careless driving when the behavior doesn’t fit any other category. Typically, careless driving implies the driver was unintentional in their unsafe behavior.

Reckless Driving Examples in New Jersey

The definition of reckless driving in New Jersey can be vague and is subjective. What’s clear is that reckless driving can cause serious accidents and injuries for other drivers and passengers. Injured victims may be entitled to compensation through a personal injury claim.

Can You Sue for a Reckless Driving Accident?

Many times, yes you may be able to file a personal injury lawsuit against another driver, if that driver’s reckless driving caused an injury accident. Under New Jersey law, drivers owe a ‘duty of care’ to other drivers, passengers, pedestrians and cyclists to operate their vehicle in a safe manner.

Compensation for a Reckless Driving Accident in New Jersey

New Jersey is a no-fault insurance state, which means that your own personal injury protection insurance (PIP) is the first or primary source for insurance claims after an accident. That doesn’t mean that getting fair compensation for your injuries and medical treatment is easy.

Brandon J. Broderick, Attorney at Law, Can Help

If you’ve been injured in a car accident caused by a reckless driver, don’t go it alone. An experienced car accident lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life.

What is reckless driving?

Reckless drivers who are caught may face both civil charges in the form of a lawsuit, municipal court penalties and points on their license, as well as criminal charges depending upon the nature of the offense. Reckless driving is defined as driving in such a way that puts other drivers at risk – typically by ignoring common traffic laws. Some of the ways in which a driver can be considered reckless include:

What are the causes of car accidents in New Jersey?

Whether drivers are speeding or texting behind the wheel, their blatant disregard for fellow drivers often results in high-speed collisions that could have been prevented.

How many crashes were there in 2016 in New Jersey?

Drivers who text while driving ignore the road conditions in favor of their cell phones, creating an environment in which any sudden traffic change can lead to a collision. New Jersey had 273,473 vehicle crashes in 2016, including 62,690 crashes where someone was injured, according to the NJ DOT. At least 3,851 crashes in 2016 were related to cell phone use.

Is reckless driving a violation of the law in New Jersey?

New Jersey has a specific law regarding reckless driving, N.J.S.A. Section 39:4-96. If it is proven that a driver who injured you was guilty of reckless driving, that may be considered negligence per se. That means a jury only needs to consider whether that negligence caused the injuries and the amount of fair compensation to make the injured person “whole” in the eyes of the law. Making a person whole means that they are paid for all of their harms and losses. These harms and losses are what is considered a person’s damages.

Is drinking and driving a violation of the law?

Drinking and driving is one of the most serious traffic violations and is governed by a separate violation. In 2017, New Jersey recorded 137 car accident fatalities caused by impaired driving. However, all reckless driving activities have the potential to result in a deadly car accident. Drivers who speed or tailgate have a high chance of slamming into another vehicle at high speeds, as do those who change lanes or weave in and out of traffic. New Jersey saw 79 fatalities in 2016 that were attributed to speeding, according to NJ Department of Transportation statistics.

Is reckless driving dangerous?

A reckless driver is a more dangerous road hazard than virtually any other obstacle. Reckless driving collisions can cause serious injuries, including:

What are the penalties for reckless driving in New Jersey?

The consequences of a New Jersey reckless driving conviction depend on the circumstances. But generally, the possible penalties are: 1 First offense. For a first conviction, reckless driving carries up to 60 days in jail and/or $50 to $200 in fines. 2 Repeat offense. For a second or subsequent reckless driving offense, a motorist faces up to three months in jail and/or $100 to $500 in fines.

How long is reckless driving in jail?

But generally, the possible penalties are: First offense. For a first conviction, reckless driving carries up to 60 days in jail and/or $50 to $200 in fines. Repeat offense. For a second or subsequent reckless driving offense, a motorist faces up to three months in jail and/or $100 to $500 in fines. A reckless driving conviction will also add five ...

What is the difference between reckless driving and careless driving?

The difference between careless and reckless driving is a matter of degree—and the dividing line isn't always clear. But generally , "reckless driving" involves operation that's obviously dangerous whereas "careless driving" is closer to negligence.

What is it called when you plead guilty to a DUI?

Reckless Driving and DUI Charges ("Wet Reckless") In some states, it's possible for a driver who's charged with driving while intoxicated (DWI) to plea bargain for a lesser charge. When a DUI is plea-bargained down to a reckless driving charge, it's sometimes called a " wet reckless .". In New Jersey, plea bargaining is generally prohibited in DUI ...

What is reckless driving?

Careless driving—which is a "lesser included offense" of reckless driving—is defined as driving 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.". The difference between careless and reckless driving is a matter of degree—and ...

Is the Internet secure in New Jersey?

The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. In New Jersey, a person can be convicted of "reckless driving" for driving a vehicle "heedlessly, ...

Is assault by auto a disorderly person?

Assault by auto is a "disorderly persons offense" if the injuries were minor. Disorderly persons offenses are punishable by up to six months in jail and a maximum of $500 in fines. If someone was seriously injured, assault by auto is a crime in the fourth degree.

What does reckless driving mean in New Jersey?

Many people use the term reckless driving to mean many different forms of negligent and/or criminal driving behavior. According to New Jersey law, reckless driving is typically defined differently from careless driving and even worse, aggressive driving. If another driver engages in reckless driving and causes an accident, the injured victim may be able to file a claim to recover lost wages, medical expenses and other losses.

What is the difference between reckless driving and careless driving in New Jersey?

The key difference between careless driving and reckless driving in New Jersey is the intent behind the action of the driver. In the case of reckless driving, a driver is charged with ‘willful or wanton disregard in the safety of others.' If a New Jersey driver is charged with reckless driving and causes an injury accident, it may be possible to file a personal injury claim against the driver to recover compensation for losses related to the injury and accident.

Can You Sue for a Reckless Driving Accident?

Many times, yes you may be able to file a personal injury lawsuit against another driver, if that driver’s reckless driving caused an injury accident. Under New Jersey law, drivers owe a ‘duty of care’ to other drivers, passengers, pedestrians and cyclists to operate their vehicle in a safe manner. When a negligent driver fails in this duty of care and causes an accident, you may be able to file a personal injury claim and seek compensation for your losses due to the accident.

What happens if I am charged with reckless driving in New Jersey?

If you have been charged with reckless driving in New Jersey, you will likely face harsh life-altering consequences. It is also important to understand that the penalties will increase as the amount of additional offenses increases. Those who have been charged with a first offense of reckless driving can expect the following penalties:

What is reckless driving in New Jersey?

Reckless driving in New Jersey is described as when someone is driving 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’s property.” For instance, you can receive a ticket for driving 30 miles per hour over the speed limit or driving under the influence of drugs or alcohol. If you damage another property with your vehicle, you may also be convicted of driving recklessly.

Knowledgeable Lawyers Help Clients Facing Reckless Driving Charges in New Jersey

Reckless driving is a serious crime in New Jersey, complicated by the fact that charging a driver with operating a motor vehicle recklessly is up to the discretion of the police officer at the traffic stop. Depending on the circumstances witnessed by law enforcement, one traffic stop can result in multiple tickets including reckless driving.

What is Reckless Driving in Brick, Point Pleasant, Freehold and across NJ?

It’s considered reckless driving when a person operates a motor vehicle — a car, a truck or a motorcycle, etc. — with a “willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or likely to endanger, a person or property.”

Contact Lombardi and Lombardi Today for Sound Legal Representation for Your Reckless Driving Violation

You can rely on the experienced traffic ticket defense lawyers at Lombardi and Lombardi to stand up for you in courts in Freehold, Brick, Edison and throughout New Jersey when you are facing a traffic violation.

What are the Consequences of Reckless Driving?

Receiving a ticket for reckless driving is not the same as receiving a speeding ticket. A reckless driving ticket may result in:

Contact our Firm

The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights.