New Jersey has two laws based on your driving behavior: careless and reckless driving. Careless driving is a traffic violation. but reckless driving is a much more serious traffic offense. Reckless driving is often considered a companion charge to other illegal activities such as drunk driving or excessive speeding.
The main difference between this charge and a careless driving violation is that you’re accused of knowingly and purposely endangering yourself and others while driving. Thus, reckless driving carries tougher penalties than a careless driving charge.
If you’re accused of reckless driving, it’s important to keep your driving privileges. To fight this charge you should have a reckless driving lawyer on your side. Fontanella, Benevento, Galluccio & Smith will help you fight a reckless driving charge.
Proving a Reckless Driving Charge
It is up to a prosecutor to prove that you were actually driving recklessly. The state must prove elements of a reckless driving charge to get a conviction. The elements of reckless driving include:
- You were the person driving
- You consciously or willfully disregarded the safety and rights of others
- Acted in a manner that either endangered or was likely to endanger yourself or another
During your hearing, you have the right to tell your side of the facts which includes presenting evidence like witness testimony. Fontanella, Benevento, Galluccio & Smith understands what it takes to defend a reckless driving case. We will help you prepare and present your defense.
Penalties for Reckless Driving
Anyone convicted of reckless driving faces some tough penalties which include five points on your driving record.
For a first conviction, you may receive 60 days in jail. Also, you pay a fine ranging from $50 to $200.
Second and Repeated Offenses
For any subsequent convictions, you may receive 90 days in jail plus pay a fine ranging from $100 to $500. A suspension of your driver’s license is also possibility. A judge will make that determination when sentencing you.
Whether you want to prove your innocence or want to keep your driving privileges, you should fight a reckless driving charge. In some cases, a prosecutor may want to reduce the charge to careless driving because of the facts of the case. Fontanella, Benevento, Galluccio & Smith has experienced reckless driving lawyers who are committed to helping you with your case.