What to know about Careless Driving, Reckless Driving, and Unsafe Operation of a Vehicle in New Jersey – Points, Fines & Surcharges

Our law firm defends individuals charged with crimes and offenses in New Jersey and Pennsylvania. In addition to criminal cases in New Jersey our firm also has the opportunity to defend many New Jersey residents in traffic-related offenses within the State. While traffic offenses are not nearly as serious as indictable crimes, they are nevertheless important to our clients as they can substantially hinder their ability to maintain employment and pursue their professional goals.

Reckless Driving

One of the most common traffic offenses that our firm deals with in New Jersey is reckless driving as well as careless driving. Reckless driving (4 Traffic Points) in New Jersey is very serious as it carries with it a possible driver’s license suspension (C39:4-96). A person is guilty of reckless driving if he or she operates their vehicle in a willful or wanton disregard for the safety of others in such a manner that it endangers the safety of another person or property. The maximum punishment for reckless driving is up to sixty (60) days in County jail as well as a $200.00 fine for a first offense. A second offense carries with it County jail up to three (3) months and a maximum fine of $500.00. 

The statute for reckless driving does not specifically define a license suspension or revocation as a penalty for the offense. However, N.J.S.A. 39:5-31 authorizes judges to revoke driver’s licenses “when such person shall have been guilty of such willful violation of any of the provisions of [N.J.S.A. 39:1-1 to 39:5G-2] as shall, in the discretion of the [judge], justify such revocation.” 

Careless Driving

Careless driving (2 Points) is a much less serious offense (C39:4-97) than reckless driving. Careless driving is committed when a person operates a vehicle without (due caution) in a manner that is likely to endanger another person or property. The difference between reckless and careless driving is intent. Careless driving is committed when a driver unintentionally exhibits unsafe behavior while reckless driving is committed with a willful action.

Unsafe Operation

If you are charged with either careless or reckless driving your attorney may speak to you about a plea to unsafe operation (C39:4-97.2).  While careless carries with it two (2) points and reckless carries with it four (4) points, unsafe operation is a no point (0 points) violation in New Jersey. There is however a $250.00 surcharge in addition to Court costs and a mandatory fine between $50.00 to $150.00.

A conviction for either careless or reckless driving can substantially increase insurance premiums and so a plea to unsafe operation is often considered a very good result.

If you’re charged with careless or reckless driving speak to one of our criminal traffic defense lawyers regarding your options.