Is Reckless Driving a Criminal Offense in New Jersey?

While minor traffic violations in New Jersey usually result in fines and demerit points on your driving record, a motorist who demonstrates an extreme disregard for the rules of the road may receive a citation for reckless driving. The consequences of a reckless driving ticket are significantly harsher, potentially including the loss of your driving privileges and time behind bars. If you’re facing a reckless driving ticket in the Garden State, it’s in your best interest to consult with an experienced Bergen County, NJ, Reckless Driving Defense Attorney who can help shield you from an uncertain future. 

What is Reckless Driving? 

Under N.J.S.A. 39:4-96, reckless driving is defined as operating a motor vehicle “heedlessly, in a 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 much more serious than ordinary traffic violations, as it involves dangerous or aggressive behavior behind the wheel. 

Common examples of reckless driving include: 

  • Aggressive driving
  • Excessive speeding 
  • Weaving through traffic 
  • Running red lights or stop signs 
  • DUI 
  • Street racing 
  • Tailgating 

It should be noted that reckless driving is not classified as a criminal offense in New Jersey. Reckless driving tickets are typically handled in municipal court. Nevertheless, the penalties can be severe, and related conduct can result in criminal charges.   

What Are the Potential Penalties? 

Significant penalties can be imposed for reckless driving, even though it’s not classified as a criminal offense in New Jersey. If this is your first offense, you may be subjected to the following penalties:

  • 5-demerit points on your driving record 
  • Up to 60 days of incarceration 
  • A fine of up to $200
  • License suspension 

If this is your second reckless driving offense, you face the potential of: 

  • Higher fines (typically up to $500)
  • Up to 90 days of incarceration 
  • License suspension
  • 5-demerit points on your driving record  

If you accrue 6 or more points on your driving record within 3 years, you will face higher insurance premiums and additional fees. Furthermore, if you accumulate 12 or more points, it can result in the revocation of your driving privileges. 

Can Reckless Driving Be Reduced or Dismissed? 

If you’re facing a reckless driving charge in New Jersey, it’s crucial to understand that the outcome depends on the unique circumstances of the case, the available evidence, and the legal strategy employed. It may be possible to negotiate the charges, potentially leading to a reduction of the offense to something less severe, such as careless driving. In some cases, the charge might even be dismissed entirely. You should bear in mind that your prior driving record and the specifics of the case will significantly influence these possibilities, including obtaining a favorable plea agreement. 

Several key elements dictate the likely result of your case. These include the severity of the alleged reckless conduct itself, history of past offenses, the strength of the evidence compiled against you, and the quality of legal representation retained. 

Given the potential consequences of reckless driving, it’s in your best interest to contact The Law Offices of Richard E. Novak, LLC. Our legal team is prepared to assess your case and help fight your charges.