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.
To obtain a conviction the state must prove the following:
- You were the driver - usually elicited by police or witness testimony in the identification phase of the trial
- You were driving a vehicle - vehicle is interpreted expansively to include bicycles although riding a bike on sidewalk is a defense
- Careless or without caution; in a manner endangering or likely to endanger a person or property.
- 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.
www.sjattorney.net
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