When a motorist gets behind the wheel, they must adhere to the road rules. When drivers violate their duty of care for others on the road, the likelihood of a car accident increases significantly. New Jersey enforces strict traffic laws to mitigate the risks and keep everyone on the road safe. That said, if you dangerously operate a motor vehicle, you may be issued a ticket for reckless driving. New Jersey takes unsafe driving practices seriously. Therefore, you may be wondering if reckless driving is considered a crime. Please continue reading to learn the potential penalties for reckless driving in New Jersey and how a talented Bergen County Reckless Driving Attorney can help protect your interests.
What is Reckless Driving?
Reckless driving encompasses various dangerous driving practices. However, under New Jersey law (N.J.S.A. 39:4-96), it’s defined as “operating a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner to endanger, or be likely to endanger, a person’s property.” Reckless driving is technically not a crime in New Jersey. It’s considered a traffic offense. Nonetheless, this unsafe driving practice can result in many harsh penalties. Therefore, this offense should not be taken lightly. The following are some common examples of reckless driving:
- Excessive speeding (usually 30 mph or more over the speed limit)
- Excessive lane changing or erratic lane changes
- Improper passing (weaving in and out of traffic)
- Driving while under the influence of alcohol or drugs
- Driving on the wrong side of the road
- Failure to use signals
- Failure to observe traffic signs or signals
- Texting and driving
- Tailgating at high speed
- Aggressive driving and engaging in road rage
- Near-miss collisions or damaging property with a vehicle
What are the Potential Penalties for This Traffic Violation in New Jersey?
In New Jersey, you will face steep penalties if you’re convicted of reckless driving. However, the severity of your penalties will depend on your driving record and criminal history. If this is a first reckless driving offense, you may face the following penalties:
- Fines between $50 and $200
- Up to 60 days in jail
- Driver’s license suspension (at the discretion of the judge, up to ninety days if the court determines the driver poses a significant hazard)
- 5 demerit points on your driver’s license
If this is a second or subsequent reckless driving offense, the court views it as a sign that you lack remorse or rehabilitation for your prior actions. As such, it may be punishable by:
- Fines between $100 and $500
- Up to 90 days (three months) in jail
- Driver’s license suspension (up to six months)
- Five demerit points on your driver’s license
Understanding New Jersey Driver’s License Points & Fees
It’s crucial to note that you will face increased insurance premiums and surcharges if you accumulate six demerit points on your driver’s license within three years.
In accordance with the New Jersey Surcharge Program, any driver who accumulates six or more points within a three-year span will be subject to a mandatory payment of $150, with additional fees for each point accumulated. This ticket ultimately shows your insurer that you are a risky driver, which can result in an increase in insurance rates for three to five years.
In addition, accumulating 12 or more points can result in the revocation of your driver’s license.
After enough points have been accumulated following a reckless driving offense, a Bergen County judge will consider a number of factors when determining whether or not to suspend your license, including:
- The severity of your reckless driving charges
- Your exact traveling speed
- Prior traffic violations
- The general risk posed to the safety of others
What is a Combination Offense?
In some instances, a driver may commit more than one traffic or criminal offense at the same time, which results in what’s known as a combination offense. In these circumstances, the driver may be charged with both reckless driving and the other offense they committed at the same time. It’s important to understand that you will be penalized for each offense separately, meaning the legal consequences you face are often severe.
As such, some of the most common combination offenses include:
- Excessive speeding over 40 miles per hour while intoxicated by drugs or alcohol
- Excessive speeding and reckless driving actions like making unsafe lane changes or following too closely
- Driving recklessly during the commission of another criminal offense
Contact a Bergen County Traffic Violation Attorney Today
As you can see, the penalties for a reckless driving offense can negatively impact your daily life and follow you throughout your life. If you’ve been issued a reckless driving ticket and require quality legal representation, it’s in your best interest to enlist the help of an experienced traffic violation attorney from The Law Office of Carl Spector. With over thirty combined years of experience as a prosecutor and criminal defense attorney, Carl Spector, Esq. offers a unique perspective on how to best approach all aspects of a case. Our legal team is prepared to provide effective representation to safeguard your driving privileges, explore all possible avenues of defense, and shield you from harsh penalties. Contact us today for a free, confidential consultation.