Surcharge:Drivers convicted of six points or more worth of traffic tickets in New Jersey over three years must pay a surcharge. And the fines can range from $78.00 to $200.00, if convicted in court. What Is Considered Careless Driving Under New Jersey Law? There are different penalties which may be inflicted onto the perpetrator because of careless driving. Shall we?if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,600],'atlanticride_com-leader-1','ezslot_8',188,'0','0'])};__ez_fad_position('div-gpt-ad-atlanticride_com-leader-1-0'); To get your ticket dismissed, there are two approaches: In all candor, an advisable first step is to leverage the expertise of an attorney who, with experience, can properly organize your case and articulate the facts. New Jersey has another offense called "careless driving." Careless driving is similar to reckless driving, but the possible penalties for a conviction are less severe. To plead guilty, you will need to check your ticket if you can simply pay the fine either online, over the phone, or in person at a municipal office, or if you need to attend your court date. This could include aggressive driving, dangerously weaving in and out of traffic, excessive honking, using a handheld cellphone while driving, etc. Careless driving refers to driving without reasonable consideration for other drivers, vehicles, and pedestrians on the road. Careless driving comes with a few consequences. Reckless driving, on the other hand, is punishable by imprisonment for no more than 60 days or a fine of no less than $50 or more than $200. The statute also states that careless driving is that which is likely to endanger a person or property. Leon Matchin is a New Jersey attorney who has helped many drivers get out of careless driving charges. Every driver who gets pulled over hopes to avoid getting a traffic ticket. Avvo Rating: 10. Very caring, and above all professional. If this advertisement is inaccurate or misleading, you may report it to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. The accumulation of license points with added fees and insurance complications makes any careless driving ticket a headache. Once you violate the above law, you are liable to face the consequences attached. Absolutely, some courses can better educate you on driving strategies, driving trends, rules on the road, how to predict hazards, and other driving techniques. 317 George Street, 3rd Floor, New Brunswick, NJ 08901 (732) 659-0984 An example is disobeying the traffic lights. It only takes twelve (12) points for the court to have grounds for suspension of a license. As mentioned above, careless driving involves negligence on the part of the driver so that they are endangering other people. Any time someone drives erratically on the road and the conduct does not quite fit with another traffic violation, an officer can issue a ticket for careless driving. NJ Law Firm. Reckless driving comes with harsher penalties, including higher fines and longer jail time. Through working with an attorney, you may be able to get your careless driving charge dropped or downgraded to avoid having any points attached to your record. Terms and Conditions | Privacy Policy | Editorial Policy. The savvy defense attorneys at ourMiddlesex County criminal law firmknow the traffic laws and when a prosecutor may agree to reduce a careless driving charge to an unsafe driving charge. Simply, the law states: A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving. You can take help from our Stabile Law Firm to prove your innocence in the court in all cases of careless driving. It means that the driver was disregarding the rules of the road, such as running a red light . What is Careless Driving in New Jersey? Contact a New Jersey traffic lawyer if you received a careless driving ticket. Twenty-five other states share this same law in regards to handheld phones while driving. Winit is neither an "attorney referral service" nor a law firm. If you are ticketed for careless driving, that means that you were driving in a dangerous way without meaning to. This field is for validation purposes and should be left unchanged. One studyestimates that a single careless driving ticket can cause a rate increase of about 16%. His years as an experienced New Jersey lawyer allow him to build a strong defense for his clients and help them navigate the court process. If you are ticketed for careless driving, that means that you were driving in a dangerous way without meaning to. Careless driving can also lead to several consequences, which are not as severe as reckless driving but can still impact a driver. Once you reach six points, you are more likely to incur hefty fines and surcharges from the NJ MVC. Its essential to have an attorney review the details of your case because often, factors will stand out to them that you may not have even noticed yourself. A driver convicted of careless driving stands to pay up to $200.00 and no less than $50.00 in fines. How to fight a careless driving ticket in NJ, How to Plead Guilty and Pay a Careless Driving Ticket, points added to someones drivers license. When seeking our firms help, you find attorneys who regularly deal with traffic violation cases, especially careless driving violations,reckless driving charges,leaving the scene of an accidentcases,eluding charges, andDWI/DUI offenses. The unsafe driving statute states, Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.. Drivers looking to kick back and enjoy some beers this Labor Day weekend should be careful before getting behind the Nearly everyone is pulled over by police at some point in their life. Check your ticket to confirm whether the court date is on it or not. Because of this broad definition, drivers can be accused of careless driving for a wide variety of mistakes, including: Traveling into the wrong lane of traffic Failing to yield to traffic with the right of way If you carefully present your case with evidence of the bad weather, a dismissal might be considered. Identify the specific details of the incident to drive home your point. According to the New Jersey State Vehicle Commission (NJMVC), this will depend on the potential danger caused by the driver, if the driver was on their phone, if any destruction was done, and whether the driver caused any traffic delays. Even if you do get the careless driving charge dismissed, if you were involved in an accident, youll also see an increase in your monthly premium. Slow speed blocking traffic. 200 Broadacres Dr. Suite #325, Bloomfield, NJ 07003, 1397 Kensington Ave. Suite #1, Buffalo, NY 14215. William J Popovich. These fines get doubled if your careless driving offense happened in an area with a designated speed limit of 65 mph or if it is a designated construction zone. Privacy Policy | Sitemap***, Allowing Someone to Drive Your Car with a Suspended License, Leaving the Scene of an Accident in New Jersey, MVC Suspension Hearings and help with license restoration. Often, an attorney can help get charges dropped or downgraded so that the driver can avoid the fines and license points. Their pricing is 50% of the fine originally issued. I Highly recommend him. To contest a careless driving ticket, begin by considering whether your ticket can be reduced. My main tickets and charges were dismissed & dropped in a timely and just manner. It differs from reckless driving and is a less serious offense but still carries points and fines. Although the surcharge is higher than careless driving, unsafe driving convictions do not add points to your driving record if that is your top priority. However, the process is long and strenuous, and hiring a professional is necessary to ensure you have to win the battle. The laws of careless driving can be vague and may be at the opinion or interpretation of the police officer. What is a Careless Driving Ticket in New Jersey? Regardless of whether the driver has prior convictions, careless driving involves a maximum of 15 days in jail and/or $50 to $200 in fines. N.J.S.A. A young driver goofing around with their friends turns the steering wheel wildly left and right to make the passengers fall into each other, screaming and laughing. Under NJSA 39:4-97, A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.. Call us today at 888-815-3649. They may be quickly weaving in and out of traffic or distracted while talking on their cell phone. The amount you pay may be less significant on your credit balance but getting some points on your license means you are already on your way to losing your license. The best you can do is to avoid getting points at all cost but if you already have some points in your record, dont fret. The penalties for careless driving are $85 and two points on your New Jersey State Driving Record. Careless driving charges come with less severe penalties. More than likely, the drivers horsing around is a violation of the careless driving statute. At this point, all you have to do is to sign the certificate and you are literally free to go. Bridgeton Office 196 East Commerce Street Bridgeton, NJ 08302. 2 39:4-97a . The major difference, however, is that a careless driving violation results in less severe penalties. According to police spokeswoman Jillian Messina, officers were called to the property at 2338 Route 9 at about 1 p.m. Reckless driving is a more serious offense than careless driving in New Jersey. Call Us Today: (888) 628-8394 or (732) 385-3339, 2021 Reisig Criminal Defense & DWI Law, LLC On top of that, the fine for careless driving in New Jersey is $85. In Municipal Courts in New Jersey, these traffic tickets are commonly "plea-bargained" down to lesser offenses -- but not always. You might not have even known you were breaking the law! Reckless driving is a step beyond careless driving. Winit does not endorse or recommend any lawyer or law firm. There is a somewhat pleasant peculiarity in the traffic law of New Jersey. Toms River police are investigating an accident in which a driver crossed into the opposing lane of Route 9, ultimately crashing into a building. As such, New Jersey law defines careless driving as lacking caution or due regard for the consequences of the drivers driving dangerously, according toN.J.S.A. The law charges the police officer with determining whether the offense qualifies as a careless driving or reckless driving case. As such, your communications with Winit do not constitute legal advice and are not privileged communications. Points can increase your insurance rate. This can also include the use of a non-hands free communication device by the driver of the vehicle, which is unlawful except when the telephone is a hands-free wireless telephone. Exceptions to this rule include if the driver is using a wireless, hand-held phone if their safety Is at risk or to report a public emergency or a vehicle engaging in reckless or careless driving. The number of days increases exponentially with the number of points received. Governed by NJSA 39:4-97, careless driving is taken seriously in a court of law. A driver should always consult with a traffic ticket attorney before choosing this or any course of action in response to a charge of careless driving. If you believe you have been wrongly accused of receiving a careless driving ticket, you should take the time to contest the violation, as it will stay on your drivers record forever. Governed by NJSA 39:4-97, careless driving is taken seriously in a court of law. For example, talking on a handheld cell phone while driving is illegal in the state of New Jersey and could lead to a careless driving charge. 923 Haddonfield Rd, Suite #300, Cherry Hill, NJ 08002 (856) 334-0559 You can easily get in touch with professional lawyers to fight your careless driving ticket on the WinIt App. In certain cases, your attorney can even go to trial, because careless driving is not always an easy case for the state to prove. 0:03. Distracted driving, aggressive driving, and driving with an overall lack of care for the safety of others are all considered careless acts. In addition, they get two points on their drivers license. Careless driving is one of the most common traffic violations handled in New Jersey municipal court. The action has the backing of the law and the description of the offense can be found inSection 39:4-97 of the New Jersey Statutes. The careless driving statute is similar to the reckless driving statute in New Jersey. Call the Law Offices of Jonathan F. Marshall at 1 855-450-8310 and speak with an experienced traffic attorney . All content is subject to our rigorous editorial standards for relevance, accuracy, sourcing, and objectivity. There are no upgraded punishments for a second or subsequent offense of careless driving in New Jersey. Examples of careless driving are inadvertently changing lanes and following too closely behind another vehicle. This all depends on how many reckless driving offenses you have committed, and if anyone was injured or property was damaged by your reckless driving. Access our service via online browser But theres a catch though, you have to take the driving lesson from an instructor thats NJ State approved. To use WinIt, begin by downloading the app, taking a picture of your ticket, or searching through the server to find the ticket associated with your vehicle, and submit the evidence for the team to review. Careless driving aside, an attorney can help determine and prove fault. N.J.S.A. Hiring an attorney is the first step. Careless driving means driving with absence of alertness and that incorporates daydreaming, reaching for something in the vehicle, or looking at something outside of the vehicle. The idea is that it is more dangerous if someone is intentionally driving dangerously and putting others in harms way rather than doing so unintentionally. No office visit required, we will get back to you within 24 hours. If you face a careless driving charge in New Jersey, your life can see serious impacts. The New Jersey court filing fees can all be found here. His knowledge and ambition to make sure I got what I deserved was top notch service. Careless driving tickets are notjustissuedbased on the free will of a police officer in New Jersey. In addition, if the charge is related to an auto accident, pleading guilty to any offenseeven a reduced offensecan be used against the driver in a civil lawsuit (see below). For example, using a handheld cellphone while driving is an offense in New Jersey and other 16 states in the USA but not insome states likeAlabama, Maine, Oklahoma,and Louisiana, although the first four states restrict the usage of handheld cellphones for newbie drivers and drivers of state vehicles. of the mobile app. Matthew Reisig defends clients in all New Jersey counties. I was driving up a hill toward a light at about 5pm, and the sun was just setting. Depending on how many careless driving tickets you have accrued, you may also have yourlicense suspendedor be sentenced to community service. . Such a convictioneven if it is reduced to a lesser offense as the result of a plea bargaincan be used against the driver to demonstrate liability in a civil lawsuit. What counts as careless driving? Careless driving is when the driver is unintentionally driving in a dangerous manner, and careless drivers are often given tickets. Reckless driving is similar to careless driving, but there is one major distinction: reckless driving means that you are driving dangerously on purpose. While carelessnessis apparently responsibleforsome accidents, not all accidents occurbecausethedriverwascareless. The difference is in intentions. The statute for careless driving is rather broad and relies heavily upon the police to judge whether a driver was careless, reckless, or neither. Those who intentionally drive recklessly without regard to others lives and property are guilty of reckless driving, which is a more severe charge than careless driving. To give you the honest answer it depends on your circumstances. These surcharges can be paid online, by phone, by mail, or in person. The goal is for your attorney to convince the court that you were not negligent in your driving. 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