Criminal defense attorney defends charged for traffic violations | DWI-DUI | criminal offenses.
WHAT CONDUCT CONSTITUTES RECKLESS DRIVING?
N.J.S.A. 39:4-96 Reckless Driving. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00 or both. On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100.00 nor more than $500.00, or both.
5 motor vehicle points plus a monetary fine of up to $539.00 plus possible license suspension (usually 30 days) plus possible jail time up to 60 days.
WHAT IS MY EXPOSURE IF CONVICTED OF RECKLESS DRIVING?
Reckless driving is usually given in addition to another charges, Examples include DWI-DUI and speeding in excess of 30 miles per hour over the speed limit.
The Appellate Division in State v. Moran, 408 N.J. Super 412 (App. Div. 2009), held that N.J.S.A. 39:5-31 authorizes a municipal court judge or Law Division judge to “revoke the (drivers) license of any person licensed to drive a motor vehicle, when such person shall have been guilty of such willful violation of any of the provisions of (N.J.S.A. 39-1 to N.J.S.A. 39:5G-2), as shall, in the discretion of the judge, justify such revocation.” N.J.S.A. 39:5-1 authorizes the suspension of driving privileges for “…such willful violation of any of the provisions of this Subtitle.”, e.g. Title 39.
UNDER WHAT CIRCUMSTANCES COULD I BE EXPOSED TO DRIVER’S LICENSE SUSPENSION IF CONVICTED?
In defining “willful violation”, the Court distinguished between driving recklessly and driving in willful violation of the reckless driving statute. “…reckless drivers act in a way likely to endanger a person or property (39:4-96), and those willfully violating the reckless driving statute engage in conduct that is highly likely to endanger a person or property….Thus, the difference…is one of degree…The distinctions we draw will ensure that municipal court judges invoke N.J.S.A. 39:5-31 only in reckless driving cases that present aggravating circumstances.”
The Court then acknowledged the need for a predictable degree of uniformity in sentencing and set forth the following factors to be considered by judges in determining whether to impose a license suspension and if so, the duration of said suspension.
- The nature and circumstances of defendant’s conduct, including nwhether the conduct imposed a high risk of danger to the public or caused physical harm or property damage;
- The defendant’s driving record, including the driver’s age and length of time as a licensed driver, and the number, seriousness and frequency of prior infractions;
- Whether the driver was infraction-free for a substantial period of time before the most recent violation or whether the nature and extent of the defendant’s driving record indicates that there is a substantial risk that he or she will commit another violation;
- Whether the character and attitude of the defendant that he or she is unlikely to commit another violation;
- Whether the defendant’s conduct was the result of conduct unlikely to recur;
- Whether a license suspension is likely to cause an excessive hardship to the defendant and/or dependants;
- and the need for personal deterrence.
- Any other relevant factor clearly identified by the Court may be considered as well.
DO I NEED TO RETAIN AN ATTORNEY TO DEFEND ME FOR RECKLESS DRIVING?
Yes. I would recommend it.
The important take way from Moran is that a municipal court judge can now suspend one’s driving privileges for a willful violation of virtually any traffic offense provided that aggravating factors or circumstances are found.
Even if the judge does not suspend your driver’s license a conviction results in the imposition of 5 motor vehicle points on your abstract. If that puts your total cumulative points at 6 or greater the New Jersey Motor Vehicle Commission can impose additional monetary penalties called “surcharges” and your auto insurance premiums can rise.
In my 30 plus years as an attorney I have helped many clients avoid conviction, jail time, driver’s license suspension, maximum fines, by obtaining plea bargains to downgraded charges, even acquittal where supported by the facts.
If you are charged with reckless driving I can possibly help you.
Please contact me for your free initial consultation today and a no nonsense discussion of how I can help you.
STEPHEN A. GRAVATT, ESQ.
(732)-337-7922
www.njdwicriminaldefenseattorney.com
