Laws Anyone Working in Reckless Driving New Jersey Should Know

Here are essential laws that anyone working in Reckless Driving in New Jersey should know:

 1. N.J.S.A. 39:496 – Reckless Driving Statute

This is the primary statute defining reckless driving in New Jersey. It defines reckless driving as operating a vehicle "in a manner so as to endanger or be likely to endanger a person or property." Key aspects include:

 Fines: Up to $200 for the first offense, and up to $500 for subsequent offenses.

 Jail Time: Up to 60 days for the first offense and up to 90 days for subsequent offenses.

 Points: 5 points on the driver’s license, which can lead to higher insurance premiums and potential license suspension.

 2. N.J.S.A. 39:497 – Careless Driving

Though less severe than Reckless Driving New Jersey, this law is also important. Careless driving is defined as driving "without due caution and circumspection." It doesn’t require the same level of recklessness, but it can still carry penalties, including:

 Fines: Typically between $50 and $200.

 Points: 2 points on the driver’s license.

 3. N.J.S.A. 39:531 – License Suspension for Reckless Driving

Under this law, the court has the discretion to suspend a driver’s license for reckless driving. This can happen in severe cases or if the driver has multiple offenses. The length of the suspension is up to the judge, depending on the circumstances.

 4. N.J.S.A. 39:450 – Driving While Intoxicated (DWI)

Reckless driving charges often accompany DWI charges. If a driver is found driving recklessly and is also under the influence, the penalties for both offenses can compound. DWI penalties include:

 Fines: Up to $1,000.

 License Suspension: From 3 months to 10 years, depending on the number of offenses.

 5. N.J.S.A. 2C:121(b) – Assault by Auto

If reckless driving causes an accident resulting in injury to another person, the driver could be charged with assault by auto, which can be classified as either a disorderly persons offense or an indictable crime (felony) depending on the severity of the injury.

 Penalties: Up to 18 months in prison for fourthdegree charges, and longer for higher degrees of assault.

 If the reckless driving occurs in a school zone or results in serious bodily injury, the charges and penalties can increase significantly.

 6. N.J.S.A. 39:497.2 – The text discusses the potential dangers associated with the unsafe operation of a motor vehicle.

This statute provides an alternative to reckless driving charges in certain cases. Drivers can plead to an unsafe operation charge, which carries:

 Fines: $50 to $500.

 Points: No points for the first two violations, but 4 points for a third violation.

 7. Motor Vehicle Points System

New Jersey's points system is essential for understanding the consequences of reckless driving:

 Point Accumulation: Reckless driving results in 5 points, and if a driver accumulates 12 or more points, their license may be suspended.

 Point Reduction: Drivers can have points removed from their record by maintaining a clean driving record for one year or by completing a defensive driving course.

 8. N.J.S.A. 39:4129 – Leaving the Scene of an Accident

Reckless drivers involved in an accident who leave the scene may face additional charges under this law. The penalties include:

 Fines: $200 to $400 for a first offense.

 Penalties increase if the accident results in injury or death.

 9. Plea Bargaining Restrictions

In New Jersey, plea bargaining for reckless driving is often restricted. Many municipal courts will not allow drivers to plead down from reckless driving to a nonmoving violation, though they may allow a plea to a lesser charge like careless driving or unsafe operation.

 10. Defenses to Reckless Driving

Knowledge of valid defenses is essential:

 Lack of Evidence: The prosecution must prove the driver’s behavior was reckless beyond a reasonable doubt.

 Challenging the Officer’s Observations: A defense attorney may argue that the officer misinterpreted the driver’s actions.

 Mitigating Circumstances: Factors like weather, road conditions, or medical emergencies could be used to explain the driver’s behavior.

 11. Insurance Consequences

Drivers convicted of reckless driving often face substantial increases in insurance premiums. In severe cases, insurance companies may even cancel coverage. Understanding how these penalties interact with reckless driving charges is critical for advising clients.

 12. Court Diversion Programs

New Jersey offers certain diversion programs (e.g., defensive driving courses) that may help reduce penalties or points for reckless driving, though these are typically only available to firsttime offenders or in less severe cases.

 13. Aggravating Factors

Certain circumstances can lead to harsher penalties for reckless driving:

 Speeding: Driving at excessively high speeds can aggravate reckless driving charges.

 School Zones: Reckless driving in a school zone or near a crosswalk can lead to increased fines and penalties.

 Reckless Driving with Passengers: Especially with vulnerable passengers (e.g., children), this may lead to additional penalties.

 14. Local Ordinances

Some municipalities may have additional local laws or ordinances that impact reckless driving charges, particularly regarding specific roads, speed limits, or school zones.

 15. Habitual Offenders Law (N.J.S.A. 39:530)

Drivers convicted of reckless driving multiple times may be classified as habitual offenders, leading to harsher penalties, including extended license suspensions and possible vehicle impoundment.

 16. Reckless Driving and CDL Holders

Commercial drivers (CDL holders) convicted of reckless driving face stricter consequences. A New Jersey Domestic Violence conviction can result in the suspension of their CDL, putting their livelihood at risk.

 17. Civil Liability

In addition to criminal charges, reckless driving can expose the driver to civil liability. If the reckless driving causes an accident, the driver may be sued for damages, including medical expenses, lost wages, and pain and suffering.

Understanding these laws and penalties is crucial for anyone working in the field of reckless driving in New Jersey, as they influence legal strategies, court procedures, and potential outcomes for individuals facing these charges.