Middlesex County Reckless Driving Defense Lawyers
Reckless driving is one of the more serious traffic offenses that someone can face in Woodbridge, Old Bridge, Edison, New Brunswick or any other municipality in Middlesex County New Jersey. Whether the reckless driving ticket stems from a DWI/DUI related incident, an accident, speeding at an especially high rate or another scenario, a conviction under N.J.S.A. 39:4-96 can result in a suspension of your driver’s license, jail and other penalties. This is why hiring a defense attorney with the right experience is so important for your achieving the very best result with this type of motor vehicle summons.
Our Attorneys Include Former Prosecutors In New Brunswick, Edison, Woodbridge, Piscataway, East Brunswick, Sayreville, South Brunswick, North Brunswick & Other Towns In Middlesex County
Our firm, Marshall Criminal Defense & DWI Lawyers, has credentials for defending your ticket that are unparalleled in your judgment. We not only have over 200 years of collective experience handling reckless driving cases throughout the county but also have attorneys on staff who previously served as municipal prosecutors a vast majority of its towns. This combination of experience is certainly exceptional since we cannot identify another in the state that can offer these attributes. These qualifications result in our attorneys avoiding a plea or finding of guilt to reckless driving charges in Middlesex County in almost all cases. Contact our Woodbridge, New Brunswick, or Edison Office to speak to a lawyer on our team in a free initial consultation. An attorney is available now at 877-450-8301.
Charged With Reckless Driving In Middlesex County
A reckless driving offense stems from N.J.S.A. 39:4-96 (“Reckless driving; punishment”). This law provides that:
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, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $ 50.00 or more than $ 200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $ 100 or more than $ 500, or both.
Explanation of Reckless Driving. Reckless driving can result from operation of a motor vehicle in any place in South Brunswick, Old Bridge or elsewhere in the state including not only on a public highway but even in a parking lot. The crux of the violation is conduct that is totally improper because of the risk that it presents to safety. It must represent a willful and wanton disregard of the welfare for others in order to result in conviction under 39:4-96. A driver is reckless when he or she “consciously disregards a substantial and unjustifiable risk” of injury to personal or property.
Penalties for Reckless Driving. The penalties for reckless driving can be severe. A person convicted of reckless driving is subject to a fine of $50 to $200 for a first offense and $100 to $500 for a second or subsequent offense. Fines are doubled if the offense occurs in a “safe corridor” area, construction zone or in a 65 MPH zone. You can also be sentenced to up to 60 days for a first offense and 90 days for a second or subsequent offense.
Motor Vehicle Points for Reckless Driving. Five motor vehicle points are imposed by the New Jersey DMV upon entry of a conviction for reckless driving. An escalation in insurance rates is also a common ramification.
Relationship With Assault By Auto. When a motorist drives recklessly and it results in an accident with personal injury, a criminal complaint for assault by auto may be charged. This scenario presents a serious complication since assault by auto is a felony criminal offense that carries the potential for a significant prison sentence.
Relationship With Vehicular Homicide. If an individual commits reckless driving and someone is killed as a result of this conduct, they will likely also face a vehicular homicide offense under N.J.S.A. 2C:11-5. An individual can be sentenced to up to 10 years in prison if they are convicted of vehicular homicide.
Sayreville Reckless Driving Attorneys
Sayreville is much busier in terms of traffic violations, including reckless driving, than you might anticipate. The presence of both the Garden State Parkway and N.J. Route 35 are undoubtedly major factors in Sayreville ranking so high in Middlesex County for tickets and summonses for violation the motor vehicle code. If you were charged with reckless driving in Sayreville, Old Bridge, Woodbridge or another area community, our attorneys know the terrain as well as anyone. We are the largest defense firm in the region and have handled hundreds of charges in Sayreville Municipal Court over the past two decades. To speak to a lawyer on our team anytime of day or night, contact us at our Woodbridge Office by calling 732-751-4458.
Frequently Asked Questions In Middlesex County Reckless Driving Cases
What Is The Penalty For Reckless Driving In New Jersey? If you have been charged with reckless driving, you’re facing criminal and motor vehicle sanctions. The penalties that you may receive for a reckless driving conviction will depend on the circumstances surrounding your case and your prior criminal history. For a first offense reckless driving conviction, you may be sentenced to 60 days in jail and a fine of $200. For a second offense, you may get 90 days in jail and a fine of $500. If reckless driving took place in a construction zone, safety corridor, or 65 mph zone, the penalties may be increased. A reckless driving conviction will also result in points added to your driving record.
How Long Will A Reckless Driving Charge Stay On My Record? If you are convicted of reckless driving, this offense may go on both your driving and criminal records. While the points associated with traffic offenses on your driving record may fall off over time, the fact that you were charged and convicted of the offense will stay on your record indefinitely. You may be able to have a reckless driving conviction removed from your record through the process of expungement. You will need to petition the court for removal and have a judge determine whether you are eligible.
What Is The Difference Between Careless And Reckless Driving? Although similar offenses, careless and reckless driving differ in a few important ways. Reckless driving requires willful or wanton disregard for the safety of others. Careless driving involves operating a vehicle without due caution in a way that could injure others. Reckless driving is a more serious offense and carries with it more significant penalties than careless driving. In other words, reckless driving is a step beyond careless driving and usually involves driving that is extremely dangerous to others.
Can You Go To Jail For Reckless Driving In New Jersey? Yes. For a first offense reckless driving conviction, you can be sentenced to a jail term of up to 60 days. For a second offense, you can receive a sentence of up to 90 days in jail. As with most offenses, the judge making the decision has broad discretion, and the sentence that you will receive will likely depend on the circumstance surrounding your case and your prior criminal history.
How Many Points Is Reckless Driving In New Jersey? In addition to possible jail time and fines, you may also receive points on your driving record if you are convicted of reckless driving in New Jersey. Five (5) motor vehicle points are assessed if you are convicted of reckless driving. As a result of the points, you may also experience an increase in your car insurance rate and even cancellation of your policy.
What Are Some Defenses In A Reckless Driving Case? There are many possible defenses to a reckless driving charge. Because the offense requires several different elements to be proven in order to be found guilty, there are a number of ways to attack the prosecution’s case against you. One possible defense to a reckless driving charge is that you were driving recklessly out of necessity. For example, if you were being chased by another driver who was trying to ram your vehicle, it may have been necessary for you to use excessive speed or go through a stop sign to avoid being struck by the other car. Another possible defense is that your driving did not rise to the level of recklessness. Merely being inattentive or even careless does not justify a reckless driving charge.
What Are Some Examples Of Reckless Driving? Reckless driving involves operating a motor vehicle with willful or wanton disregard for the safety and rights of others. This goes beyond being careless or distracted driving. An example of reckless driving could be going over 100 mph in a 35 mph zone. Another example would be intentionally going down the wrong way of a one-way street. Swerving in and out of traffic at a high rate of speed with limited visibility may also be considered reckless driving.
