New Jersey Title 39:4-96 defines reckless driving as driving heedlessly, in wanton or willful disregard of the safety and rights of others, and in a manner that endangers or is likely to endanger a person or property. Getting a reckless driving ticket can significantly impact your driving record and result in serious penalties and premium hikes on your insurance.
However, just because you got a ticket does not mean that you are stuck with it. You may be able to successfully fight a New Jersey reckless driving ticket with the help of an aggressive New Jersey reckless driving attorney.
5 Best Defenses to a Reckless Driving Ticket
The 5 best defense strategies for a reckless driving charge are:
- The defendant was not actually driving the driving the vehicle. To prove a reckless driving case, the prosecutor must prove the defendant was the individual driving the vehicle. If they cannot prove this beyond a reasonable doubt, it can result in a dismissal of the charges.
- The driving may have been negligent or careless, but was not reckless. If the driving does not amount to the exact definition allowed under the law, the charges have to be dismissed.
- The driver was simply distracted, not reckless. Reckless driving requires an awareness that the driving is unsafe and an ignoring of the risks. However, if your attorney can prove that you were simply driving poorly and distracted, the prosecutor cannot prove the element of wonton disregard of the risks to others.
- If the charge stems from the driver speeding, there is the defense that the radar gun was improperly used or not correctly calibrated. If the prosecutor’s case against you relies on excessive speed, your New Jersey ticket attorney can challenge the reliability of the radar gun. This is generally a strong defense to the criminal charges of reckless driving.
- The defendant was driving recklessly out of necessity. Your attorney may claim the legal defense of necessity by showing that you had a sufficiently good reason to commit the offense and had no other alternative to drive the way you did. In other words, you will admit to reckless driving, but would argue that you had to drive recklessly for a good reason.
The specific defense used will be case specific and depend on the specific facts of your case. This is why it is important to immediately hire an experienced New Jersey ticket attorney to allow you the best chance to get the reckless driving charges against you dismissed.
Call a New Jersey Ticket Attorney
If you or someone you know has been issued any type of traffic violation in New Jersey, including careless and reckless driving, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.
