New Jersey Careless Driving Lawyer - Careless Driving Attorney in NJ
Careless Driving NJSA 39:4-97 - New Jersey Statute 2 Point violation
Careless Driving in New Jersey carries a fine of $85 and Two Motor Vehicle Points. If there exists the presence of Aggravating Circumstances License Suspension or even Jail time can result. In the recent case of State v Palma the Municipal Judge sentenced the driver defendant to a jail time custodial sentence of 15 Days and a 90 day License Suspension the Law Division Judge on Appeal issued the same sentence. The Appellate Division reversed, however it did not expressly forbid a jail term for Careless Driving, rather it overturned the sentence on other grounds and remanded the case for further review by the lower court. In overturning the sentence the Appellate Court held that "Judges may only impose a license suspension or custodial sentence in careless driving cases that present aggravating circumstances. Those aggravating circumstances are to be gleaned from the evidential sources in the record, which shall be recited in the judge's factual findings. The judge must then undertake an appropriate weighing of the Moran principles based only on the evidential sources in the record." Careless Driving can result in the accumulation of Motor Vehicle License Points. Careless Driving can result in a suspension of your driving privileges.
Steven P. Lombardi is a highly experienced New Jersey Ticket Attorney. He is a Ticket Lawyer practicing in all New Jersey Municipal Courts.
The Statute Provides in full:
39:4-97. Careless driving
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.
The State has the burden of proof in Careless Driving matters and the burden requires that the State prove that the operation of the driver's vehicle was made without due caution in a manner so as to endanger or be likely to endanger a person or property. This creates some special requirements that if challenged correctly by your Ticket Attorney can result in a dismissal of the summons and ticket.
Careless Driving Results when "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." If there are aggravating circumstances such as accompanying cell phone usage or other facts a judge may impose the harsh sentence of License Suspension or even Jail Custodial Sentences. For further information as to When your License can be Suspended or you can be sentenced to Jail Custodial Sentences for Motor Vehicle Violations see our page here.