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Careless driving is prosecuted as a traffic violation under New Jersey law. If you have received a careless driving ticket, you will need to fight your ticket in municipal court. A New Jersey careless driving attorney at Helmer, Conley & Kasselman, P.A. can help you fight to avoid unnecessary consequences. With office locations throughout New Jersey, we represent clients in municipal court cases statewide.
The offense of careless driving is described in Section 39:4-97 of the New Jersey Statutes. The law states:
“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 key here is that a person must drive “in a manner so as to endanger, or be likely to endanger, a person or property.” In other words, in order to constitute careless driving, your conduct behind the wheel must create a risk of personal injury or property damage. You do not have to actually cause personal injury or property damage to be guilty. Simply endangering a person or a person’s property is enough.
In New Jersey, the police can issue tickets for careless driving in a wide range of circumstances. Some examples of conduct that can result in a careless driving ticket include:
In most cases, you will receive two points on your driver’s license if you are found guilty of careless driving in municipal court. However, if the judge finds that there are “aggravating factors” in your case, you could also face jail time and/or a driver’s license suspension. When deciding whether to impose a driver’s license suspension based on aggravating factors, the judge will consider:
Additionally, if you accumulate too many points on your driving record, you will face a driver’s license suspension regardless of the circumstances involved in your case. So, even if you don’t lose your license this time, you could face a driver’s license suspension if you get pulled over again based on the points you receive for your careless driving conviction.
Even if you were speeding or otherwise violating New Jersey’s traffic laws, you could have defenses in your careless driving case. To discuss your case with an experienced New Jersey careless driving lawyer at Helmer, Conley & Kasselman, P.A. in confidence, call 877-435-6371 or request an appointment online today.
Don’t let your rights be jeopardized.