Defense Strategies for New Jersey Reckless Driving Charge
Getting a traffic ticket is never a good thing – but getting a ticket for reckless driving is an even more serious offense with greater consequences. However, just because you got charged with reckless driving in NJ does not mean you cannot successfully fight it and avoid the penalties and charges. It is possible to defeat a reckless driving charge or get it reduced to careless driving. However, the first step you need to take to increase your chances of avoiding a conviction, you need to immediately hire an experienced New Jersey reckless driving defense attorney.
What Is Reckless Driving?
New Jersey considers reckless driving as a major traffic violation. N.J.S.A. 39:4-96 defines reckless driving as “heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”
A conviction carries:
- 5 motor vehicle points on your driving record
- First conviction:
1. Up to 60 days in jail
2. Fines between $5 and $200 for a first conviction
3. Suspension of driver’s license from one to 90 days if the judge deems you are a hazard on the road
- Second conviction
1. Jail time increases to a maximum of 3 months
2. Fines between $100 and $500 for a first conviction
3. Suspension of driver’s license up to 6 months
Defense Strategies to Beat a New Jersey Reckless Driving Charge
The best strategy to beat a New Jersey reckless driving charge is to prove that you were not acting recklessly. The prosecutor must prove beyond a reasonable doubt that you showed “a wanton disregard for safety.” If your New Jersey reckless defense strategy attorney can prove that you were not intentionally ignoring a risk of hard while driving, that can be a defense against a reckless driving charge.
The necessity defense can also work to defend a reckless driving charge. Your attorney will need to show that you were driving offensively because you reasonably believed that an emergency existed, the emergency presented a threat to you or someone else, and you did not create the emergency.
The bottom line is that a skilled attorney will be able to assess the facts surrounding your reckless driving charge and determine which defense strategy would work best for your specific case and help you avoid a conviction.
Call a New Jersey Driver’s Traffic Ticket Attorney Today
If you or someone you know has gotten a ticket and wants to avoid a conviction, an experienced attorney can help. Fighting traffic violation tickets are especially important if you are a CDL license holder.