The state of New Jersey defines reckless driving as a criminal offense, which carries both the potential of incarceration and fines, and also administrative penalties including license suspension, which is determined by the discretion of the courts, or in certain instances, the New Jersey Motor Vehicle Commission.
The state of New Jersey defines reckless driving as any operation of a motor vehicle that knowingly presents danger to other drivers, passengers, pedestrians or property, including public and private property. A lesser offense categorized as careless driving also exists, and in many cases, can be used as viable plea option.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless driving |
Misdemeanor |
Incarceration of not more than three months, with fines not to exceed $500 |
5 |
License suspension, at discretion of courts, of up to 45 days |
|
Careless driving |
Misdemeanor |
Incarceration of not more than 15 days, with fines not to exceed $200 |
2 |
License suspension possible, but unlikely for first offense |
License suspension is possible and under New Jersey law, determined by the sentencing courts in a reckless driving case. Assuming the reckless driving was a first offense, a driver may be able to negotiate a plea agreement that entails mandatory driver education attendance in lieu of suspension. Drivers under suspension in New Jersey are not allowed conditional licenses during the suspension period.
From a criminal aspect, reckless driving charges will require the intervention and representation of legal counsel. Defendants do face the potential of incarceration, although in practice, if first offenses are not in conjunction with other criminal acts, defendants rarely are sentenced to jail time. The first legal efforts will be to try for an outright dismissal of the reckless driving charge. If this is not feasible, the highly subjective nature of reckless driving charges provides ample room for a favorable plea option involving a reduction to a lesser offense, such as careless driving, or a non-criminal traffic violation, such as speeding.
Defendants in a New Jersey reckless driving cases should seek out the advice of a New Jersey reckless driving lawyer, immediately following arrest. For more information into your pending reckless driving case, including how to address criminal penalties and administrative action by the New Jersey Motor Vehicle Commission, consult with a lawyer directly.