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.
Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100 to schedule a free consultation with our legal team today to see how we can help you fight your ticket.
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