New Jersey Careless Driving Charges

Careless Driving Charges and Penalties

Careless driving under N. J. S. A. 39:4-97 prohibits a broad range of driving failures. It is defined as driving, "carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property...." Drivers are often cited for careless driving after an accident or in conjunction with other driving violations.

A careless driving conviction carries a fine of $50.00 to $200.00, and two motor vehicle points assessed by the Motor Vehicle Commission (MVC), formerly known as the Division of Motor Vehicles (DMV). The fine is doubled when the violation occurs in a construction zone or safe corridor zone, or in a 65 MPH speed zone. The Court also has the power to impose a jail term of up to 15 days.

The operator's insurance company will also assess either two insurance eligibility points, or five insurance eligibility points if the driver was at fault in an accident that resulted in compensation payment of $500 or more. The insurance eligibility points may raise the cost of the operator's liability insurance and, depending upon the operator's driving history, the motor vehicle points may put the operator's license at risk.

At The Law Offices of Allan Marain, we feel it is in your best interest to retain the services of a resourceful New Jersey traffic ticket lawyer to protect your rights and defend against traffic tickets and charges. This includes any offense from improper lane changing, speeding and texting while driving to reckless driving and DWI. We also serve residents of Middlesex County and New Brunswick.

Experienced Criminal Defense Attorney in New Jersey

At the Law Office of Allan Marain we believe it is in your best interest to retain an experienced criminal defense attorney to properly evaluate and prepare your case. This includes a careful examination of the circumstances leading up to the charge from the driver's point of view, and an evaluation of evidence the police may rely on, such as reports and videotape evidence. If it were our client's wish after full case evaluation and consultation, we would be fully prepared to take a case to trial.

If it is determined, however, that for whatever reason it would be best to avoid a trial, then alternate resolutions that avoid or reduce the penalties described above can be explored. This can sometimes be accomplished through a guilty plea to a different or reduced charge. Also, depending upon the driver's history, a careless driving conviction may cause the MVC to begin a proceeding to suspend the driver's license. With that in mind, steps should be taken to resolve the matter in a way that avoids or minimizes this risk.

If a careless driving charge was issued in connection with an accident involving personal injury or property damage, a guilty plea or finding of guilt may be used to hold the driver responsible for any loss. This can have serious financial consequences for the driver. Steps should be taken, therefore, to try to resolve the case in a way that guards against this outcome.

This information is provided for general information purposes only. It does not constitute legal advice. Nor is it intended to suggest a likely outcome in a specific case. Only by consulting with an attorney can you receive legal advice concerning your case.

Contact a New Jersey traffic ticket attorney to protect against careless driving charges and penalties.