Careless Driving in NJ
Driving Without Due Caution
Careless driving, often confused with reckless driving, is a common traffic violation in NJ. It is defined in NJ statute 39:4-97 as driving without due caution and care, and in a way that was likely to put in danger or cause harm to people or property. The police will generally issue Careless Driving tickets to those drivers who they deem to be at fault when an auto accident has occurred. Attorney Mark A. Schneider regularly defends those charged with careless driving throughout Central New Jersey.
If you are in an accident you will need to protect yourself against future civil suits for damages through use of a civil reservation. On March 19, 2015 the Appellate Division modified the rules for obtaining a civil reservation in Maida v. Kaskin. In September 2014, State v. Palma changed the way jail terms are imposed on those convicted of Careless Driving. You need a lawyer who understands the rules, is up to date and can protect you now and into the future.
Careless Driving Penalties
Even though Careless Driving is a relatively common traffic offense, it shouldn’t be taken lightly. A conviction of Careless Driving carries a substantial fine, 2 Motor Vehicle points and Insurance points and in some instances up to 15 days incarceration in the County Jail. It should be noted that the more Motor Vehicle points you have, the greater the chance of your license being suspended and your insurance rates increasing.
In order to convict for Careless Driving charges the state must prove that:
- That you were indeed the driver,
- That you were actually driving at the time of the offense,
- That you were on a highway, and were driving without caution,
- That the manner in which you were driving was endangering or was likely to endanger persons or property.
These elements are not always easy to prove, and a defense is possible.
Careless Driving ticket in NJ
If you’ve found yourself with a Careless Driving ticket in NJ, an experienced attorney can help you avoid the penalties of a conviction and save your driving record. Call Attorney Mark A. Schneider today to discuss your case. Mark has over 25 years of legal expertise in Ocean, Monmouth, Atlantic and Burlington counties. 609-242-9337