Reckless Driving Ticket Lawyer Trenton
Nobody is a perfect driver. Sometimes people speed at rates far beyond what is safe, or they make a bad decision and drink and drive, or their unsafe driving causes an accident. Any of these can be an isolated incident. You can have an otherwise perfect driving record and make such a mistake. However, they all carry the potential for a reckless driving charge.
In New Jersey, Reckless Driving is a serious charge. With costly fines, points on your driving record, potential jail time, and a possible suspension of your driver’s license, the effects of a guilty verdict are potentially life altering. You will need an experienced defense attorney to aggressively defend your rights in Municipal Court.
What Constitutes Reckless Driving
Reckless Driving is defined by N.J.S.A. 39:4-96 as a person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others (the driver must be consciously aware that his actions pose a risk to the public), 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 reckless driving if you’re driving dangerously and are aware that you’re driving dangerously. The state must prove both of these elements under the law.
Examples of Reckless Driving:
- Driving at an excessive rate of speed which is putting yourself, other motorists, or pedestrians at risk
- Moving among traffic lanes swiftly and carelessly
- Driving in the wrong direction down a one way street or other roadway
- Deliberately tailgating another vehicle
- Driving while under the influence of illegal substances
Reckless Driving vs. Careless Driving
People sometimes wonder why they received the more serious Reckless Driving charge as opposed to a charge of Careless Driving. The reason is that the ticketing officer believed the individual was “knowingly” acting dangerously, as opposed to acting negligently. “Knowingly” is the key factor, and therefore is the element your attorney should focus on attempting to disprove whenever possible in order to beat a reckless driving ticket.
Penalties for Reckless Driving
- 5 points on your driving record
- 5 points on your insurance score
- Up to a $200 fine, or
- Up to 60 days in jail (or 90 days on each subsequent offense)
Why Do I Need an Attorney?
An attorney will review any and all factors that may help you beat the reckless 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. 39:4-96. Because of this, it is generally in the best interests of both sides to attempt to negotiate a resolution. An aggressive attorney can plea a reckless driving ticket down to a lesser offense that caries fewer points, and avoids jail time.
Reckless driving is a serious ticket, and needs to be handled as such. Hiring an intelligent and 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 for 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.