Reckless Driving Ticket Lawyer Trenton
Driving is more than a mere privilege in our busy lives, it approaches the level of a necessity. We drive to work, we drive our kids to school, and we drive to perform other daily routine errands. Without our cars, day-to-day life can virtually grind to a halt. Reckless driving is one of the more serious traffic violations that an individual can commit. If convicted of this act, you can face significant penalties that often include costly fines, revocation of your license, and possible jail time. When it comes to New Jersey, the Local Police and State Troopers take a no-nonsense approach to Reckless Driving. Law enforcement regularly places themselves in strategic locations to observe drivers, in an effort to ensure the safety of families in the local community.
No one is a perfect driver. Sometimes people speed at rates far beyond what is safe, or they make a poor decision and drink and drive, or their unsafe driving causes an accident. Any of these might be an isolated incident; it is possible to have had an otherwise perfect driving record and make such a mistake. Nevertheless, all of these carry the potential for a reckless driving charge.
In New Jersey, Reckless Driving is a serious charge which carries with it severe consequences. With costly fines, points on your driving record, potential jail time, and a potential suspension of your driver’s license, the effects of a guilty verdict are potentially life-altering. You will need an experienced defense attorney to aggressively defend your rights in Municipal Court.
What Constitutes Reckless Driving
Reckless Driving is defined by N.J.S.A. 39:4-96 as a person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others (the driver must be consciously aware that his actions pose a risk to the public), in a manner so as to endanger, or be likely to endanger, a person or property.
In essence, what this means is that you can be found guilty of reckless driving if you were driving dangerously, and were aware that you were driving dangerously. The state needs to prove both of these elements in order for a conviction to be made. This awareness is not an easy thing to demonstrate, and a skilled attorney will raise doubts concerning your state of mind and awareness of the danger at every possible turn.
Examples of Reckless Driving:
- Driving at an excessive rate of speed which is putting yourself, other motorists, or pedestrians at risk
- Moving among traffic lanes swiftly and carelessly
- Driving in the wrong direction down a one way street or other roadway
- Deliberately tailgating another vehicle
- Driving while under the influence of illegal substances
Reckless Driving vs. Careless Driving
People sometimes wonder why they received the more serious charge of Reckless Driving, rather than a charge of Careless Driving. The reason for this is that the ticketing officer believed the individual was “knowingly” acting dangerously, as opposed to acting negligently. The aspect of committing this violation “knowingly” is the key factor, and therefore is the element your lawyer should focus on attempting to disprove whenever possible in order to beat a reckless driving ticket.
Penalties for Reckless Driving
- 5 points on your driving record
- 5 points on your insurance score
- Up to a $200 fine, or
- Up to 60 days in jail (or 90 days on each subsequent offense)
Why Do I Need an Attorney?
An attorney will review any and all factors which may help you beat the reckless driving charge. Remember, the State has to make their case, and needs to prove all the elements of the law within N.J.S.A. 39:4-96. Because of this, it is generally in the best interests of both sides to attempt to negotiate a resolution. An aggressive lawyer can plea a reckless driving ticket down to a lesser offense that carries fewer points, and avoids jail time.
Reckless Driving is a serious ticket, and needs to be handled appropriately. Hiring an intelligent and experienced defense lawyer is a vital first step in protecting your rights.
The Law Offices of Greg Prosmushkin, P.C. are conveniently located in Trenton to serve Mercer County and the surrounding areas for all their legal needs. Schedule a free consultation with one of our traffic attorneys by calling 609-656-0909 today.
This content was written on behalf of Greg Prosmushkin.