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Greg Prosmushkin

Careless Driving Ticket Lawyer Trenton

From time to time we all drive with less than our full attention on the road and what we are doing. It is likely that you may speed or be a bit less cautious than you should be or perhaps even get 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 most common traffic violation, after speeding, to be heard in New Jersey Municipal Court. 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. You will need an experienced defense attorney 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.

In essence, what this means is that you can be found guilty of careless driving if you drive your vehicle in a careless manner. Now, the state must prove each element under the law, but this is essentially what you are being charged with when given a careless driving ticket.

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

Remember though, careless driving is essentially 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.”

The effect is to make careless an easier offense for the prosecution to prove. So although a less serious offense than reckless driving, the need for representation for 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?

An attorney will review any and all factors that may help you beat the careless driving charge. Remember, the State has to make their case and 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 attorneys 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 a good 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 attorneys by calling 609-257-4976 today.

This content was written on behalf of Greg Prosmushkin.