Miami Dolphin Tyreek Hill’s NFL Game Day Arrest – Can you really be arrested and sentenced to jail for reckless driving?
The NFL season is here and while it officially started on Thursday, today brought the first major headline of the league year. Miami Dolphin receiver Tyreek Hill was stopped and briefly detained on alleged reckless driving charges. This incident has caused my of our readers to ask if a person can be really arrested for reckless driving? The short answer is yes! While reckless driving is a traffic offense in virtually all jurisdictions in the United States, including Florida, the maximum punishment includes jail time!
In Florida, reckless driving is defined as driving with a willful or wanton disregard for the safety of others or property. A first offense carries up to 90 days in jail, a fine of $25–$500. Right now, there is no video but police dash cam video may surface in the next day. This video along with police testimony are necessary to obtain a conviction in this case
In Florida, Reckless Driving consists of two factual elements:
- The defendant drove a motor vehicle, and
- The defendant did so with a willful or wanton disregard for the safety of persons or property.
What to know about Reckless Driving in New Jersey
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).
Similar to Florida, in New Jersey, 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.
Reckless Driving in Pennsylvania
Carless and reckless driving are terms that many people believe the law uses interchangeably. This, again, however is simply wrong. Careless driving is actually the lesser of these two charges and is defined as driving a motor vehicle in this manner (carless) but not with any type of deliberation or intent causing an accident. You can commit the crime of carless driving by falling asleep at wheel. Careless driving is a summary offense but will not result in a license suspension. Reckless driving, however, requires the prosecution prove intent.
Intent in this context means that you were acting deliberately irresponsible or “recklessly”. If you are convicted of reckless driving in Pennsylvania, you face not only a fine but also a six (6) month license suspension. If reckless driving involved an injury there is a $1,000.00 fine and up to ninety (90) days in jail. Careless driving is a violation of Section 3736 under the Pennsylvania Vehicle Code while reckless driving is violation of Section 3714 under the Pennsylvania Vehicle Code.
If are charged with any of these offense, it’s important to speak to the right attorney. Never make assumptions about the consequences of a conviction. Speak to a criminal defense lawyer and understand your rights. I encourage you to read more about me and to visit my free download section on this website.
