In New Jersey, many drivers are cited for common violations that carry significant consequences. Understanding the specifics of these infractions is the first step toward properly addressing them. This article provides a detailed look into one of the most frequently issued traffic tickets, explaining its meaning, penalties, and the procedures that follow.
Defining Careless Driving in New Jersey
The offense of careless driving is established under N.J.S.A. 39:4-97. This law defines the violation as operating 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.”1Justia. Section 39:4-97 – Careless Driving The legal standard does not require intent; the focus is on a driver’s failure to exercise the reasonable level of care an ordinary person would in similar circumstances.
The statute’s broad language covers a wide array of driving behaviors. Examples can include drifting from a lane, following another car too closely, or being momentarily distracted by adjusting the radio. An officer has discretion in issuing a careless driving ticket if they believe a driver’s actions created a potential hazard, even if no accident occurred.
The violation centers on driving without necessary attention, creating a risk to others. The state does not need to prove malicious intent, only that the vehicle’s operation was careless. This makes it a common charge following minor traffic accidents where fault is assigned.
Penalties Associated with a Careless Driving Conviction
A conviction for careless driving carries several direct penalties. The primary financial consequence is a fine from $50 to $200, plus court costs of around $33 and a $6 assessment. These financial penalties do not increase for subsequent careless driving convictions.
Beyond fines, a conviction results in two points on your New Jersey driving record. The New Jersey Motor Vehicle Commission (NJMVC) tracks these points, and accumulation can lead to further consequences. While uncommon for a first offense, a judge may impose a jail sentence of up to 15 days in serious cases.
Fines are doubled if the violation occurs in a designated 65-mph zone, a highway construction area, or a “Safe Corridor.” These enhanced penalty zones are meant to promote greater caution from drivers. The combination of fines, fees, and points gives a careless driving ticket notable legal repercussions.
How Careless Driving Differs from Reckless Driving
A distinction exists between careless driving and the more serious offense of reckless driving, based on the driver’s state of mind. Careless driving involves unintentional negligence or a failure to exercise “due caution.” In contrast, reckless driving, governed by N.J.S.A. 39:4-96, requires the state to prove a driver acted with “willful or wanton disregard” for the safety of others.2Justia. New Jersey Revised Statutes Section 39:4-96 (2024) – Reckless driving; punishment
This “willful or wanton” standard implies a deliberate indifference to the high probability of causing harm, with examples including excessive speeding combined with dangerous weaving. Due to this intent, reckless driving penalties are more severe, including five motor vehicle points, higher fines, and a potential jail sentence of up to 60 days for a first offense.
Careless driving is considered a lesser-included offense of reckless driving. This means the conduct for a careless driving charge is present within a reckless driving charge, but without the intentional disregard for safety. This separates a lapse in judgment from a deliberate act of dangerousness.
Impact on Your Driving Record and Insurance
A careless driving conviction adds two points to your official New Jersey driving record. This record is accessible to auto insurance companies, which use it to evaluate your risk profile as a driver.
Insurers view moving violations and the accumulation of points as indicators of higher risk, so a conviction will likely increase your auto insurance premiums. This rate increase can persist for several years, resulting in significant long-term costs.
Accumulating six or more points on your license within a three-year period triggers surcharges from the NJMVC. A driver faces a surcharge of $150, plus an additional $25 for each point over six. A single careless driving ticket contributes to the total that could lead to these fees or a license suspension if you reach 12 points.
Options After Receiving a Careless Driving Ticket
After receiving a careless driving summons, your primary choice is whether to plead guilty or not guilty. Pleading guilty involves paying the fine and accepting the penalties. This can often be done online through the NJMCdirect website, by mail, or in person at the municipal court.
Choosing to plead not guilty requires you to notify the court of your intention before the date listed on the ticket. The court will then schedule a hearing for you to appear. On your court date, you will have a chance to speak with the municipal prosecutor about your case before proceeding to a trial.
Some jurisdictions may offer an online dispute resolution process for certain traffic offenses. If your ticket is eligible, you can contest it online, and the prosecutor will review your case and may offer a plea agreement. It is important to read the summons to understand the specific procedures and deadlines for the court handling your case.