Reckless driving is a serious traffic offense in New Jersey, one that can result in steep fines, points on your license, and even jail time. While many people think of reckless driving as just another traffic ticket, it is actually considered a criminal offense under New Jersey law. That means a conviction can stay on your record, affect your insurance rates, and even impact employment opportunities.
If you’ve been charged with reckless driving in New Jersey, it’s critical to understand the difference between reckless and careless driving, the penalties involved, and your legal options for fighting the charge.
What Is Reckless Driving in New Jersey?
Reckless driving is defined under N.J.S.A. 39:4-96. According to the statute:
“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, or be likely to endanger, a person or property, shall be guilty of reckless driving.”
This definition is intentionally broad, giving law enforcement and courts significant discretion in determining whether conduct rises to the level of recklessness.
Examples of behavior that may result in a reckless driving charge include:
- Excessive speeding (typically 30+ mph over the limit)
- Racing on public roads
- Running multiple red lights or stop signs
- Weaving in and out of traffic
- Driving under the influence of alcohol or drugs (can be charged alongside a DWI)
Reckless Driving vs. Careless Driving: What’s the Difference?
While they may sound similar, reckless driving and careless driving are very different in the eyes of the law.
Careless Driving (N.J.S.A. 39:4-97):
- Involves driving “without due caution and circumspection”
- Does not require intent or willful disregard
- Considered a lesser offense with lower penalties
Reckless Driving (N.J.S.A. 39:4-96):
- Involves willful or wanton disregard for safety
- Viewed as a more serious, intentional act
- Carries significantly higher penalties
In some cases, your defense attorney may be able to argue for a downgrade from reckless to careless driving, which can reduce the severity of the consequences.
Penalties for Reckless Driving in NJ
Reckless driving is a criminal traffic offense, not a simple traffic infraction. A conviction can lead to the following penalties:
First Offense:
- Up to 60 days in jail
- Fine between $50 and $200
- 5 motor vehicle points on your driving record
- Possible license suspension at the discretion of the judge
Second or Subsequent Offense:
- Up to 90 days in jail
- Fines of $100 to $500
- Additional points and higher risk of license suspension
These penalties are in addition to increased auto insurance premiums, which can last for years.
How Reckless Driving Affects Your Record
New Jersey does not expunge traffic offenses, which means a reckless driving conviction will stay on your driving record indefinitely. Additionally:
- Points stay active for two years (affecting insurance and suspension risk)
- Accumulating 12 or more points on your license results in automatic suspension
- Employers conducting background checks for driving-related jobs may view the charge negatively
Possible Defenses to a Reckless Driving Charge
Just because you were charged with reckless driving doesn’t mean you’ll be convicted. A skilled defense attorney can analyze the circumstances of your arrest and build a case to reduce or eliminate the charge. Common defenses include:
1. Lack of Intent or Willful Conduct
The prosecution must prove that your driving was not merely negligent but willful and wanton. If your actions were careless but not deliberate, this may support a lesser charge or dismissal.
2. Inaccurate Officer Testimony or Report
Dashcam footage, witness statements, or GPS data may contradict the officer’s account of what happened.
3. Emergency Situations
If your driving was due to a medical emergency or urgent need (e.g., rushing someone to the hospital), that may mitigate the charge.
4. Improper Traffic Stop or Procedure
If your constitutional rights were violated during the stop (e.g., no probable cause, unlawful search), your attorney can seek to suppress evidence.
5. Downgrade to Careless Driving
In many cases, a plea to the lesser offense of careless driving may be negotiated, resulting in fewer points, no jail time, and lower fines.
Can You Go to Jail for Reckless Driving?
Yes—but jail time is not mandatory for a first offense and is often avoidable with strong legal representation. Judges consider factors such as:
- Your prior driving history
- The seriousness of the alleged offense (e.g., speed, danger to others)
- Whether anyone was injured or property was damaged
Having an experienced defense lawyer by your side can significantly reduce the chances of jail time.
Why You Need an Attorney
Reckless driving is more than a traffic ticket—it’s a criminal offense with long-lasting consequences. An experienced New Jersey traffic defense attorney can:
- Analyze the facts of your case
- Represent you in court (sometimes without you needing to appear)
- Negotiate with prosecutors for a downgrade or dismissal
- Argue for no jail time and license preservation
Many people don’t realize they can fight these charges until it’s too late. Without an attorney, you risk accepting a guilty plea that stays on your record forever.
Speak with a New Jersey Reckless Driving Defense Lawyer
If you’ve been charged with reckless driving in New Jersey, don’t take chances with your future. With decades of experience defending traffic and criminal cases in municipal courts across the state, Attorney Anthony Palumbo is prepared to fight for your rights and minimize the consequences you face.
Whether you’re hoping to keep your license, reduce your fines, or avoid jail time, the right legal strategy can make all the difference.
Contact the Law Offices of Anthony N. Palumbo today for a free and confidential consultation. Let us help you protect your driving record and your future.
