Is New Jersey’s reckless driving statute a lesser included offense to careless driving?

If you are cited for reckless driving in violation of N.J.S.A. 39:4-96 and careless driving in violation of N.J.S.A. 39:4-97, can you be convicted of both charges thereby incurring 7 motor vehicle and insurance points.

If the above referenced traffic violations occur out of the same driving offense, then the answer is an unequivocal NO. Let me explain, if your matter proceeded to trial and the State established that your driving was reckless and careless on the date and time in question then the Judge can only sentence you to the reckless driving charge. See, State v. Muniz, 228 N.J.Super. 492 (App. Div. 1988).

It should be noted that the reckless driving charge has a higher burden of proof on the State because the State needs to establish that your driving was ” 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…”

If you have been charged with both offenses and need additional advice contact Dan T. Matrafajlo, Esq. for a free office consultation.

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