Wednesday, July 3, 2013

N.J.S.A. 39:4-97 Careless Driving


Careless driving ticket N.J.S.A. 39:4-97 is perhaps the most common traffic violation heard in every New Jersey Municipal Court.

Police generally issue this ticket to a driver deemed at fault following a motor vehicle accident.

Exposure
  • A person found guilty of this violation faces two motor vehicle and insurance points plus a fine. 
  • Incarceration may be imposed up to 15 days for careless driving although courts rarely if ever exercise such discretion. 
  • The Court is more likely to impose jail for this violation in the event of an accompanying DUI charge that was dismissed based on a technicality.
  • The court may also suspend a driver's license if it finds the violation to have been willful. 
  • The period of suspension is left to the discretion of the Judge.
  • Again, courts rarely, if ever exercise such extreme discretion following a careless driving charge.
State Must Prove:
To obtain a conviction the state must prove the following:
  1. You were the driver - usually elicited by police or witness testimony in the identification phase of the trial
  2. You were driving a vehicle - vehicle is interpreted expansively to include bicycles although riding a bike on sidewalk is a defense
  3. Careless or without caution; in a manner endangering or likely to endanger a person or property.  
Strategy In Court
  • A good alternative plea is pleading guilty to obstructing traffic N.J.S.A 39:4-67.
  • If the prosecutor does not grant that request then unsafe driving N.J.S.A 39:4-97.2 should be considered, although it should be noted that unsafe driving carries an approximate fine of $400. 
  • Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.
  • Finally, when the offense involves an accident with personal injury or property damage, NJ traffic lawyer will not enter into any plea agreement unless it is accompanied with a "civil reservation."
    • This way the plea cannot be used as evidence in any subsequent civil lawsuit.
Law Offices of Jason Pollack
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155
 
Burlington County
105 High Street
Mount Holly, NJ 08060
 
Camden County
211 S. White Horse Pike
Audubon, NJ 08106
 
Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

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