Careless driving is a common traffic citation in New Jersey, often from momentary lapses in attention. While it may seem less severe than reckless driving or DUI charges, a careless driving ticket can impact your driving record and insurance premiums. Understanding New Jersey’s approach to these violations is helpful for drivers.
Elements of a Violation
New Jersey statute N.J.S.A. 39:4-97 defines careless driving. This law states a person drives carelessly if they operate a vehicle “heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”1Justia Law. New Jersey Revised Statutes Section 39:4-97 (2024) – Careless Driving
The offense involves operating a vehicle without “due caution and circumspection,” meaning drivers must be aware and act as a reasonably prudent person would. The law does not require intent to cause harm; the focus is on the driving manner and its potential risk. An actual accident or injury isn’t necessary for a citation if there was a potential for danger.
The prosecution must show the driving deviated from a reasonable standard of care, creating a situation where a person or property was, or was likely to be, endangered. This differs from reckless driving, which involves a more conscious disregard of risk.
Fines, Points, and License Issues
A careless driving conviction has several consequences. Fines range from $50 to $200, plus court costs.2New Jersey State Bar Foundation. A Consumer’s Guide to Municipal Court These fines are separate from potential increases in auto insurance premiums.
A conviction also adds two motor vehicle penalty points to your driving record, tracked by the New Jersey Motor Vehicle Commission (NJMVC).3New Jersey Motor Vehicle Commission. NJ Points Schedule Accumulating 12 or more points results in a license suspension.4New Jersey Motor Vehicle Commission. Suspensions and Restorations
Drivers with six or more points within three years face an annual surcharge: $150 for the first six points, plus $25 for each additional point.5New Jersey Motor Vehicle Commission. Surcharges While a single careless driving conviction doesn’t automatically suspend a license for a first offense, the points contribute to a total that could lead to suspension. If a careless driving incident causes serious injury or death, more severe penalties, including license suspension, may be pursued.
Court Proceedings
A careless driving summons includes a court date or response instructions. To contest the ticket, you must notify the municipal court of your intent to plead not guilty. Failing to respond or appear can lead to a default guilty finding or a warrant.
The first court appearance for a contested ticket is an arraignment. The judge informs you of the charge and you enter your not guilty plea. The judge advises you of your rights, including the right to an attorney. Because a conviction can lead to imprisonment for up to 15 days, you have the right to counsel; if you cannot afford an attorney and face imprisonment or license loss, the court may appoint a public defender.6Legal Services of New Jersey. Your Right to a Lawyer in Municipal Court You will also be informed of your right to a trial and to discovery (obtaining the prosecution’s evidence).7New Jersey Courts. A Guide to the Judicial Process
After a not guilty plea, discovery takes place. You or your attorney can request materials from the prosecutor, like police reports and video footage. This time also allows for plea discussions with the prosecutor. Any plea agreement needs judicial approval.
If no plea agreement is reached, a bench trial is scheduled in municipal court. A judge, not a jury, hears the evidence and decides guilt. The prosecution must prove guilt “beyond a reasonable doubt.” The prosecutor presents their case, which may include testimony from the issuing officer. You can cross-examine witnesses. You may present your own evidence or choose to remain silent.
If found guilty, the judge imposes a sentence. You can appeal a guilty verdict to the Superior Court of New Jersey, Law Division, within 20 days of conviction.8New Jersey Courts. How to Appeal a Decision of a Municipal Court The appeal is a trial de novo on the record, where the Superior Court judge reviews the municipal court record and makes new findings.9New Jersey Courts. Municipal Court Appeals New testimony or evidence is not presented. The judge can affirm, overturn, or modify the sentence.
Defenses
If you face a careless driving allegation, you can challenge the prosecution’s ability to prove the offense’s elements. A defense can focus on showing that your driving did not meet the legal standard of being “heedless,” in “willful or wanton disregard,” or that it did not endanger, or was not likely to endanger, a person or property.
A defense can involve scrutinizing the citing police officer’s observations and testimony. You might explore inconsistencies in the officer’s account or question their ability to accurately observe the driving. If the officer’s view was obstructed, or if the act was momentary and posed no real risk, these points could form a defense. The subjective nature of “careless” can be challenged by offering a reasonable alternative interpretation of the driving.
Another defense is that the driving was due to circumstances beyond your control or was a reasonable reaction to an unforeseen hazard, known as the emergency doctrine. If you can show your actions were a response to a sudden, unexpected situation not of your own making—like an animal in the road or another driver’s actions—it could be argued your conduct was not careless.
The driving must have endangered, or been likely to endanger, a person or property. A defense can argue that even if the driving was not perfect, it did not create a genuine likelihood of endangerment. For example, if the act occurred in an empty parking lot, the element of endangerment might not be met. The context of the driving is relevant.