Driving in New Jersey this Summer – Careless vs. Reckless Driving – The difference could mean your license!   

The Summer is especially busy time for law enforcement in New Jersey due to the massive increase in people on the road, especially in the shore town in Atlantic and Cape May counties.  Crimes such as driving while intoxicated (DWI) are very common in the Garden State.  In addition to DWI, there is a substantial increase in traffic offenses such as reckless and carless driving.  While these terms are often used interchangeably, they are very different. 

Our criminal defense law firm, based in Moorestown, NJ, frequently must defend traffic offenses in various counties in New Jersey involving reckless and careless driving. These offenses can be charged in addition to speeding under Sections 39:4-98 and 39:4-97.2.   It is also not uncommon that people charged with speeding, reckless, or careless driving in New Jersey will also have to defend the charge of following too closely under 39:4-89 and sometimes even racing on the highway under 39:4-52.

What is Reckless Driving in New Jersey? 

Reckless driving (39:4-96) which carries 5 points is committed when a person drives his or her car “heedlessly, in willful or wanton disregard” of the rights of safety of others, in the manner that endangers of likely endangers a person or property. Reckless driving subjects a person of up to 60 days in jail and a maximum fine of $200.00. A second offense subjects a person of up to 3 months in jail and up to a $500.00 fine.

What is Carless Driving in New Jersey?

Careless driving is committed when the person drives the vehicle “without due caution and circumspection” or in such a way that it endangers or likely endangers a person or property. Careless driving carries with it 2 points and is obviously a much better alternative to reckless driving.

A speeding ticket in New Jersey can carry with it anywhere from 2 points (1-14 miles over the speed limit) to up to 5 points (30 miles or more over the speed limit) but  a person driving at a high rate of speed is often charged with following too closely under 39:4-89 which carries 5 points. A person is guilty of following too closely when he or she is closer than “reasonable and prudent”. Points are very serious in New Jersey just like Pennsylvania and a person who acquires 12 or more points will have his or her license suspended in the Garden State. Points are only deducted in the following ways:

• defensive driving program – 2 points – may be used to subtract points once every 5 years;
• driver improvement program – 3 points – may be used to subtract points once every 2 years;
• probationary driver program – 3 points; or
• one year with no violations – 3 points.

Even if you don’t have 12 points on your New Jersey driver’s license, a person who receives 6 or more points within three years will be assessed a surcharge. Surcharges are in addition to any courts or fines or penalties and are billed yearly for 3 years. If you accumulate 6 or more points within 3 years you will receive a $150.00 surcharge plus $25.00 for each additional point over 6 points.

For instance, there is a $1,000.00 surcharge for the 1st and 2nd DWI offense.

If you do acquire 12 or more points on your license the length of the suspension depends on the amount of time it took you to accumulate those points. For example, if you acquired 12 or more points within 2 years or less there is a 30 day suspension. If it took you more than 2 years to accumulate 12-14 points it would be less than 30 days.

For more information on New Jersey driving offenses I encourage you to visit my free download section continue reading my blog and previous articles on DWI, license suspensions, and illegal drugs in the Garden State.

THE MOST COMMON TRAFFIC OFFENSES IN NEW JERSEY & POINTS

Here is a list of the most common traffic offenses in New Jersey and the points associated with them:

NJSA Section	Offense	Points
New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
27:23–29	Moving against traffic	2
27:23–29	Improper passing	4
27:23–29	Unlawful use of median strip	2
All roads and highways
39:3–20	Operating constructor vehicle in excess of 45 mph	3
39:4–14.3	Operating motorized bicycle on a restricted highway	2
39:4–14.3d	More than one person on a motorized bicycle	2
39:4–35	Failure to yield to pedestrian in crosswalk	2
39:4–36	Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk	2
39:4– 41	Driving through safety zone	2
39:4–52	Racing on highway	5
39:4–55	Improper action or omission on grades and curves	2
39:4–57	Failure to observe direction of officer	2
39:4–66	Failure to stop vehicle before crossing sidewalk	2
39:4–66.1	Failure to yield to pedestrians or vehicles while entering or leaving highway	2
39:4–66.2	Driving on public or private property to avoid a traffic sign or signal	2
39:4–71	Operating a motor vehicle on a sidewalk	2
39:4–80	Failure to obey direction of officer	2
39:4–81	Failure to observe traffic signals* (Red Light Camera- 0 pts.)	2
	*No points assessed for red light camera violation	0
39:4–82	Failure to keep right	2
39:4–82.1	Improper operating of vehicle on divided highway or divider	2
39:4–83	Failure to keep right at intersection	2
39:4–84	Failure to pass to right of vehicle proceeding in opposite direction	5
39:4–85	Improper passing on right or off roadway	4
39:4–85.1	Wrong way on a one-way street	2
39:4–86	Improper passing in no passing zone	4
39:4–87	Failure to yield to overtaking vehicle	2
39:4–88	Failure to observe traffic lanes	2
39:4–89	Tailgating	5
39:4–90	Failure to yield at intersection	2
39:4–90.1	Failure to use proper entrances to limited access highways	2
39:4–91–92	Failure to yield to emergency vehicles	2
39:4–96	Reckless driving	5
39:4–97	Careless driving	2
39:4–97a	Destruction of agricultural or recreational property	2
39:4–97.1	Slow speed blocking traffic	2
39:4–97.2	Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)	4
39:4–98	Exceeding maximum speed 1-14 mph over limit	2
	Exceeding maximum speed 15-29 mph over limit	4
	Exceeding maximum speed 30 mph or more over limit	5
39:4–105	Failure to stop for traffic light	2
39:4–115	Improper turn at traffic light	3
39:4–119	Failure to stop at flashing red signal	2
39:4–122	Failure to stop for police whistle	2
39:4–123	Improper right or left turn	3
39:4–124	Improper turn from approved turning course	3
39:4–125	Improper u-turn	3
39:4–126	Failure to give proper signal	2
39:4–127	Improper backing or turning in street	2
39:4–127.1	Improper crossing of railroad grade crossing	2
39:4–127.2	Improper crossing of bridge	2
39:4–128	Improper crossing of railroad grade crossing by certain vehicles	2
39:4–128.1	Improper passing of school bus	5
39:4–128.4	Improper passing of frozen dessert truck	4
39:4–129	Leaving the scene of an accident – no personal injury	2
	Personal injury	8
39:4–144	Failure to observe stop or yield signs	2
39:5C–1	Racing on highway	5
39:5D–4	Moving violation committed out-of-state	2

Contact Our Criminal Defense Lawyers in PA & NJ  

Please click here to contact our  criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey,  Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.