Important Defenses to Careless or Reckless Driving
Getting any type of moving violation can be frustrating because of the resulting fines and penalties. However, although getting a reckless driving violation may seem like an ordinary ticket, it is in fact not. Under New Jersey law, unlike most other tickets, reckless driving tickets may result in a possible sentence of up to 60 days in jail, in addition to the fine of not less than $50 or more than $200.
Unfortunately, a reckless driving ticket is popular ticket in New Jersey. The reason is not because drivers in this state are more erratic drivers than motorists in other states. The reason is simply because the standards of proof are so low. If you or a loved one has received a moving violation for reckless driving, you should not give up and pay the ticket. Instead, you should hire an aggressive attorney and fight your battle to avoid the hefty fines, possible jail time and points on your driving record.
What Is Reckless Driving?
Reckless or careless driving is defined as operating a motor vehicle in a willful or wanton disregard for the rights of others. Under New Jersey’s statutes, reckless driving is specifically defined as “driving in a manner so as to endanger, or be likely to endanger a person or property.”
If you choose to fight your reckless driving charges, the state will need to prove its case. The state does not need to prove intent, but it does need to prove that you were aware of the risk that your manner of driving entailed and that you consciously disregarded it. Some common examples of reckless driving under New Jersey’s statute includes:
- Driving more than 100 miles per hour in the midst of traffic or in a residential neighborhood
- Driving with a blood alcohol level below the legal limit, but combined with driving past a stopped school bus
- Driving with a blood alcohol level above the legal limit of 0.08 percent
Defenses To Reckless Driving
Just because you got a reckless driving ticket does not mean you are automatically guilty and should pay it. Some common defenses you or a good attorney can use in fighting your ticket include:
- No individual or property was at risk by your driving conduct
- The police did not advise you of your rights (known as a Miranda violation)
- The testing procedures for your blood or breath were flawed
- The investigation of your case involved sloppy police work, such as misidentifying witnesses or failing to document evidence in your favor
New Jersey law holds reckless driving as a criminal offense. As such, you are entitled to all protection afforded to any other criminal offended of such charges. To protect your legal rights and ensure the best defense, you should immediately consult with an experienced reckless driving lawyer in New Jersey.
For more information or to schedule a free consultation with attorney Dan Matrafajlo, please call Beninato & Matrafajlo Attorneys At Law, LLC at (908) 248-4404.