Thursday, July 25, 2013

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


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