Reckless Driving, Careless Driving, Unsafe Driving, What’s The Difference?

Reckless Driving, Careless Driving, Unsafe Driving, What’s The Difference?

Everyday in New Jersey drivers are being ticketed for reckless driving, careless driving, and unsafe driving. You may have received a citation for one or more of the three, but do you know the difference? Reckless driving convictions carry the most severe penalties and fines, careless driving is less severe than reckless, and unsafe is the least severe in nature and penalty. It is common for police officers to issue one or more of these tickets in addition to speeding at high rates of speed, DWI/DUI, driving a vehicle off-road, improper lane changes, or any kind of open container or drugs in a vehicle. In short term, if you are doing anything with or within your vehicle that displays willful disregard for the safety of others or that endangers others, you will be cited for reckless, careless, or unsafe driving. Let’s look at the differences…

N.J.S.A. 39:4-96. Reckless Driving

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.

Reckless driving is a serious offense in New Jersey. If you are cited for reckless driving and ultimately convicted…

·      fines range from $50-$200

·      5 points will be issued against your driver’s license

·      jail time of no more than 60 days could be imposed (depending on the circumstances)

If convicted a second time, the imprisonment can increase to 3 months, and the fine can increase up to $500. It is important to remember that your New Jersey driver’s license will be suspended after accumulating 12 points, although the judge may use their discretion and suspend the license before 12 points are obtained. A reckless driving citation should not be taken lightly. As mentioned earlier, it is common for police to issue drivers suspected of drunk driving a citation for reckless driving as well.

N.J.S.A. 39:4-97. Careless Driving

A person who drives 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, shall be guilty of careless driving.

If you are cited for careless driving and ultimately convicted…

·                         ·   fines range from $85 - $150 (depending on if the careless driving occurred in a safe corridor).

·                        ·    2 points will be issued against your driver’s license

If convicted of careless driving multiple times, it is possible for the judge or the State of New Jersey to suspend your license.

N.J.S.A. 39:4-97.2. Unsafe Driving

Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

If you are cited for careless driving and ultimately convicted…

·                        ·     fines range from $50-$150, plus there is a $250 surcharge (they hit drivers with the surcharge because there are no points being issued on the license)

·                         ·    no points issued against your driver’s license

A person convicted for the second time will be fined between $100 – $250, plus a surcharge fine. The surcharge increases if the driver is convicted of two or more unsafe driving violations within 5 years. If convicted a third time, a person will face fines between $200 – $500 and will receive 4 points on their driver’s license.

 

If you or someone you know is accused of reckless driving, careless driving, or unsafe driving visit our website at www.centralnjlawyers.com and call the attorneys at Roberts & Teeter today.  732-325-0814

BAIL IN NEW JERSEY

Bail in New Jersey

 When you are arrested and charges are filed against you, in all but the least serious cases some amount of monetary bail will be assigned by a Judge.  The purpose of bail is to ensure the defendant returns to court.  If you cannot post bail, then often the defendant will be held in county jail until his or her case is resolved.  Courts have wide discretion to impose terms other than money before they will release a defendant on bail.  These include no contact orders, the surrendering of passports, or the wearing of an ankle bracelet or other electronic monitoring device.  While these other restrictions may be inconvenient, by far monetary bail is often the biggest obstacle for a defendant to overcome.

When determining how much bail to assign, the Court considers 8 factors along with certain guidelines created by the Administrative Office of the Courts. Courts will consider:

1.     The seriousness of the charges, the apparent likelihood of conviction, and the possible punishment if convicted.

2.     The defendant’s criminal record.

3.     The defendant’s reputation and mental condition.

4.     The length of defendant’s residence in the community.

5.     The defendant’s family ties and relationships.

6.     The defendant’s employment status, record of employment, and financial condition.

7.     The identity of responsible members of the community who would vouch for the defendant’s reliability.

8.     Any other factors indicating defendant’s mode of life, or ties to the community or bearing on the risk of failure to appear.

In practice, the Court’s main focus is on the first factor - the nature of the charges.  The Administrative Office of the Court created Bail Schedules for the most common crimes wherein they provide a range indicating how much money must be posted before the defendant can be released.

Very serious crimes like murder carry a bail range between $250,000 to $1,000,000. The bail for sexual assault is between $50,000 to $200,000.  Even some non-violent crimes like theft can require bail up to $75,000 depending upon the amount that was allegedly stolen.

When posting bail, certain charges carry additional restrictions.  The more serious crimes do not allow the defendant to post 10% with the court. Often defendants are unable to post the full amount of bail and seek the services of a bail bondsman who may be able to post a bond on behalf of the defendant.

How an Attorney Can Help

Attorneys experienced in bail matters can assist a defendant who is in jail in several ways.  Attorneys can file a motion requesting the judge reduce the bail or eliminate a bail restriction.  They can assist during a bail sufficiency hearing if the State questions the source of the funds that will be used to bail the defendant out. They can appeal a bail that is set illegally high or otherwise inappropriate.  Finally, attorneys specializing in criminal defense often have an ongoing working relationship with the bail bondsmen in the area.  They can direct clients or their families to a bail bondsman who is knowledgeable, experienced, and trustworthy.

In one recent case, we had a client accused of second degree aggravated sexual assault against a minor and second degree endangering the welfare of a minor.  The bail was initially set at $75,000 cash only.  The attorneys at Roberts & Teeter met the client in jail, learned about his criminal history, family ties, employment, and education.  We met with his family members and helped gather dozens of character letters on his behalf.  We filed a motion requesting the bail be reduced and argued the merits before a Superior Court criminal judge.  Ultimately the judge agreed, reduced the bail to $50,000, and made it bondable so the defendant’s bail could hire a bondsman, post bail, and get out of jail.

If you or a loved one is incarcerated and being held on bail that you cannot afford, contact the attorneys at Roberts & Teeter for a free consultation.  732-325-0814.

www.centralnjlawyers.com

Crimes and Offenses in New Jersey Most Commonly Associated with the 4th of July

Crimes and Offenses in New Jersey Most Commonly Associated with the 4th of July

In the United States, the 4^th of July is a day of celebration of our country’s independence.  All too often, celebrations get out of hand and people get arrested and/or hurt.  There are a number of arrests during and after the 4^th of July.  When planning your 4^th of July celebrations keep the following New Jersey

crimes and ordinances in mind.

Noise Ordinances

Most towns have ordinances prohibiting loud music.  Sometimes unexpected guests show up to parties and the music may get turned up a little too loud.  When neighbors complain or the police drive past the area you may get a knock on your door.  Assuming nothing else illegal is going on you may be on the receiving end of a noise ordinance complaint.  This ticket comes with fines up to $2,000. 

Alcohol

Starting from the least severe, most towns have ordinances prohibiting drinking or being drunk in public.  These citations carry penalties up to $2,000.  More serious charges can occur when a minor is involved in underage drinking.  N.J.S.A. 2C:33-15 is a disorderly persons offense for a person under 21 to possess alcohol. 2C:33-16 prohibits anyone from possessing alcohol on school property.  A separate offense 2C:33-17 exists for offering alcoholic beverages to a person less than 21. Serving alcohol to a minor is commonly charged in a setting where adults and minors are present with alcohol.  This could be a party of people who are 20 and 21.  If you are throwing a party and people under 21 are found to be drinking or possessing alcohol, not only can the minor be charged but also the person who made the alcohol available can be charged as well.  Each of these disorderly persons offenses carry possible penalties of 6 months in jail and fines up to $1,000. 

More serious alcohol-related offenses include Driving While Intoxicated, N.J.S.A.

30:4-50, assault by auto, or vehicular homicide.  If you are found to be driving over the limit which is .08% blood alcohol in New Jersey, you are facing fines, license suspension, and possible installation of the interlock device in your vehicle.  If an accident results from your drinking 3^rd, 2^nd, and possibly 1^st degree charges can result depending upon the nature of the injuries and whether the driver’s license was suspended at the time. See 2C:11-5 and 2C:12-1c.

Drugs

Different people celebrate in different ways.  For some people that may mean smoking marijuana. For others it may mean snorting a line of coke or shooting up.  Possession and distribution of controlled dangers substances in New Jersey are treated seriously and conviction of a drug offense carries serious consequences.  First offenders for marijuana may be eligible for a condition discharge, while repeat offenders or those found to possess drugs other than marijuana may be facing criminal charges.  You can be certain that the police will be out on the 4^th of July and if they find drugs on your person or in an area near you, drug-related charges may result.

Fireworks

Fireworks are fun to watch on the 4^th of July.  There are many places you and your family or friends can go to safely watch a professional firework display.  However, it is risky to launch your own fireworks.  Injuries and damage to property can result from fireworks and the police will be looking toward the sky and receiving complaints for unlicensed fireworks in parks and neighborhoods.  Title 21 of the New Jersey Statutes controls the use of fireworks.  N.J.S.A. 21-3-2 provides that it is unlawful for any person to sell, possess or use any firecracker, roman candle, sparkler, etc. The sale or possession with the intent to sell fireworks is a 4^th degree crime carrying up to 18 months in jail. N.J.S.A. 21-3-8.  Mere possession of fireworks is a petty disorderly persons offense which can result in up to 30 days in jail and fines up to $500.

When you are planning your 4^th of July this year, make sure that you, your friends and your family remember to consider your own safety and the safety of others.  The police will be out enforcing the law and making arrests.  The 4^th of July is supposed to be a day to celebrate your independence, but quickly the festivities can be brought to a sudden end if you are arrested, and there is no celebrating independence from inside a jail.