Careless Driving Ticket Lawyer Trenton
From time to time we all drive with less than our complete attention on the road and what we are doing. Perhaps you have been caught speeding, or been a less cautious than you should be, or maybe even gotten into a motor vehicle accident. For any of the reasons, as well as many others, a police officer may issue a careless driving ticket.
Careless Driving is perhaps the second most common traffic violation, right after speeding, to be heard in New Jersey Municipal Court. In almost every car accident, the attending police officer will issue a ticket for Careless Driving to the driver who the officer believes was most at fault, and sometimes the officer will issue a Careless Driving ticket to all vehicles involved in an accident. With fines, points on your driving record, and even potential jail time and a possible suspension of your driver’s license, the effects of a guilty verdict can be substantial, resulting in fines, surcharges, points, and increased insurance premiums. You will need an experienced traffic defense lawyer to aggressively defend your rights.
What Constitutes Careless Driving
Careless Driving is defined by N.J.S.A. 39:4-97 as 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.
Essentially, what this means is that you can be found guilty of careless driving if you drive your vehicle in a careless manner. However, the state needs to prove each element of the violation under the law.
Examples of Careless Driving:
- Failing to keep a safe distance from other vehicles
- Unsafe passing
- Swerving
- Speeding
- Causing an Accident
Careless Driving vs Reckless Driving
It’s important to bear in mind that careless driving is, at its core, a less serious version of Reckless Driving, and is, in fact, a lesser included offense of reckless driving. The major difference between the two is the knowledge requirement. Reckless driving includes the same dangerous driving element as careless driving, but adds the element of “knowingly” driving in this way.
The effect of this is to make careless an easier offense for the prosecution to prove. So although it is a less serious offense than reckless driving, the need for representation in the case of a careless ticket may be that much more necessary!
Penalties for Careless Driving
- 2 points on your driving record
- Points on your insurance score
- Up to a $200 fine, or
- Up to 15 days in jail
Why do I Need an Attorney?
A lawyer will review any and all factors that may help you beat the careless driving charge. Remember, the State needs to prove all the elements of the law within N.J.S.A. 39:4-97. Because of this, it is generally in the best interests of both sides to attempt to negotiate a resolution. One of our lawyers can plea a careless driving ticket down to a lesser offense that caries fewer points and avoids other penalties.
Careless driving is a potentially serious ticket, and needs to be handled as such. Hiring an experienced defense attorney is an essential first step in protecting your rights.
The Law Offices of Greg Prosmushkin, P.C. are conveniently located in Trenton to serve Mercer County and the surrounding areas in all their legal needs. Schedule a free consultation with one of our traffic lawyers by Contacting Us online, or by calling 609-656-0909 today.
This content was written on behalf of Greg Prosmushkin.