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Failure to pay these surcharges can result in your license being suspended. It also has the power to enter a failure to appear, which can result in your license being suspended, a warrant issued for your arrest, and a bail being ordered. One of our experienced municipal court defense attorneys can negotiate with the prosecutor to get the charges dismissed or downgraded to a no-point violation. Determining your stance: a guilty or not guilty plea. Careless driving is less significant than reckless driving, and because it is considered to be unintentional, it may be more difficult to fight. In other words, the person was aware he or she was driving in a way that put other people or property at risk. Contact The Law Offices of John Menzel to get started today. Don't even think of representing yourself! My South Jersey Law Office regularly serves the NJ communities of Camden, Pennsauken, Delran, Willingboro, Bellmawr, Runnemede, Deptford, Woodbury, Glassboro, Westville, Gloucester Township (Blackwood, Glendora, Erial, Sicklerville, Blenheim, Lambs Terrace, Chews Landing, and Hilltop) and Washington Township, (Turnersville, Sewell, Hurffville, Grenloch, CrossKeys, Bunker Hill and Chapel Heights). He's caught speeding once again and gets another 2 point ticket.
The Penalties for Reckless Driving in New Jersey. Careless driving results in a fine of up to $200, incarceration for up to 15 days for a first offense and two motor vehicle points. While most people know that racking up too many "points" on their license can eventually lead to the loss of their driving privileges, what most New Jersey residents do not know is that some traffic offenses can carry a driver's license suspension even for a single first-time offense. Here are five reasons why you need an Essex County traffic defense lawyer: - The Costs of a Traffic Ticket Can Be Substantial – Fines, assessments, surcharges and increased insurance premiums can quickly add up to thousands of dollars. The solution is often the "unsafe operation" statute, but ironically, that is not the only (or necessarily best) course of action. Court costs: Those who take their ticket to court will have to pay $34 in court fees. The easiest way to describe a plea bargain in a traffic ticket case is using a speeding ticket. In other words, a defendant, or the defendant's attorney, would need to explain how the defendant delayed traffic. It is rare that the accident happens right in front of the police officer. Mr. Levow has been defending drivers in New Jersey for 30 years. Given the large volume of cases heard in Municipal Courts throughout Middlesex County, plea bargaining is essential to the smooth operation of the courts, which generally operate on a part-time schedule with a part-time staff and part-time Judges and prosecutors. For this reason, the first strategy of a defendant is to seek outright dismissal of the charges. The average court costs due to "Careless driving where no accident involved personal injury" is $85, along with the addition of the two points to the driver's license. The statute leaves a lot of its interpretation up to the discretion of the officer who witnessed the conduct.
If you have not plead to an "unsafe operation" in the past five (5) years, then it will be a first offense, and have a penalty of. If the reckless driving charge is a second offense, the driver will owe fines of $100-$500 and face up to three months in jail. A driver may be charged with careless driving when deemed at-fault for an accident, both those involving other vehicles and single-car accidents where a driver damages a road sign or other property. From there, the team will take care of the rest, and will not charge you unless your ticket is dismissed. Careless Driving (NJSA 39:4-97) vs. Contact the law offices of The Law Offices of Jonathan F. Marshall today to schedule your free case consultation and learn more. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation. One of the most common traffic offenses in the Garden State is careless driving. Plea bargains are agreements between the prosecution and defense typically entered to save court time and money.
Careless driving is one of the most frequently issued traffic tickets in New Jersey. You can have additional points removed by taking qualified driving courses. When a person is charged with driving while intoxicated (DWI) in New Jersey, they have two main options for how to respond to the state's charges. Often, an attorney can help get charges dropped or downgraded so that the driver can avoid the fines and license points. If accused of driving carelessly, it is assumed you did so without the intent to do something wrong. The New Jersey Attorney General's Office issued a set of guidelines for prosecutors in January 2005 that incorporates Guideline 4. In order to determine the penalties that are on the table in your case, you first need to know the specific statute or statutes that you are accused of violating. We generally try to plea bargain to this ticket only when there are no other defenses. N. Statutes 39:4-129 Leaving the scene of an accident. There is a lot at stake when you receive a traffic ticket in New Jersey.
You Might Not Be Guilty – Just because you received a traffic ticket does not necessarily mean that you are guilty. N. Statutes 39:4-126 Failure to signal turn. N. Statutes 39:4-98 Speeding (15 miles or more above the speed limit). With his extensive experience, traffic lawyer Scott Gorman can identify your defenses, and he will fight aggressively to protect you from severe consequences. A person is guilty of careless driving if they drive a vehicle "without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, " according to N. 39:4-95. The settlement might be scheduled on a date before the trial, or it might take place in a conversation outside the courtroom on the trial date. For example, if you received a speeding ticket for driving 20 MPH over the limit and you appear in court, there's a great chance the prosecutor will offer you a plea deal whereby he or she downgrades the speeding ticket from a 4 point speeding ticket to a 2 point speeding ticket. Perhaps you have a commercial driver's license and can't risk points at all.
Plea Bargain with the Prosecutor. It is possible to fight your careless driving charges with the help of an experienced attorney. If no witnesses come to court, the charges will likely be dismissed. An example of a compromise over a speeding ticket might be reducing the citation to ordinary speeding instead of excessive speeding, if there is evidence that your speed might have reached the level of excessive speeding. After you plead guilty to unsafe driving the second time, you need to make note of your offense date (the date you received the ticket) and make sure that you do not plead guilty to unsafe driving a third time for any offense date within five (5) years of your second unsafe driving ticket. The careless driving law itself is somewhat of a catch-all. Drivers convicted of careless driving can be jailed for no more than 15 days. These include defenses that may prevent the State from using critical evidence against you in court. In addition to having a generally defined reckless driving offense, the laws of some states include specific circumstances that are considered "per se" reckless driving. Indeed, the fines and costs you may suffer are usually less that the legal fee associated with hiring a lawyer to defend you. The second time, it will jump up to about $539 and the third time it could go as high as $739.
In the case of a client who receives a Summons for speeding, it can be very difficult to argue that the client delayed traffic through his speeding. You need an attorney that is ready to fight for you. N. Statutes 39:4-91 Failure to yield to an emergency vehicle. You can always pay down a ticket in NJ using the NJMCdirect portal. It is very important to make sure that a prospective client is eligible to utilize unsafe driving as a no-point alternative before entering into such a plea agreement. What tickets can be changed into unsafe driving? An experienced attorney may be able to obtain a better plea bargain for you. Drivers who go to court to fight New Jersey traffic tickets for speeding or careless driving will likely be offered a plea bargain under the Unsafe Driving Statute. Careless driving is similar to reckless driving, but the possible penalties for a conviction are less severe. Speeding Ticket v. No Point Ticket. Unsafe driving is a lesser offense to careless driving and reckless driving and does not carry with it any points against your driving record. You can only have two unsafe operations in a five year period, so it rarely makes sense to amend a two-point ticket to a zero-point ticket given how rarely you can use this option. If the judge does not accept the settlement, the driver can withdraw their plea and proceed to trial.
30 miles per hour over the speed limit is a 5-point violation. Unsafe driving tickets are a catch all provision for all moving violations. Prosecutors frequently will give very good deals on small offenses simply to move the legal process along. Many people contact my office with a speeding ticket or other traffic offense that they received in Southern New Jersey, looking to avoid the points, if possible. On the other hand if you were recklessly driving then you were "intentionally" driving in a manner likely to endanger a person or property. This could include aggressive driving, dangerously weaving in and out of traffic, excessive honking, using a handheld cellphone while driving, etc. Expect to pay up to a $200 fine and $30 court costs.
What You Need to Know About Unsafe Driving (NJSA 39:4-97. You're absolutely worth it.