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Thomas Carroll Blauvelt

When can drivers face accusations of reckless driving?

Some traffic violations are significantly more serious than others. Reckless driving is one of the most significant accusations the state can make against a motorist. The driver accused of reckless driving can face significant penalties.

The penalties for reckless driving may include up to 60 days in jail and up to $200 in fines for a first offense. Any subsequent charge could lead to up to three months in state custody and $500 in fines. The courts consider the circumstances carefully when imposing a penalty for a reckless driving case.

Some drivers who expect a simple speeding ticket feel shocked when a police officer cites them for reckless driving instead. When can police officers assert that a driver was reckless while operating a motor vehicle?

Recklessness involves a lack of basic care

In some states, the definition of reckless driving is very specific. It involves maintaining a certain speed or engaging in specific behaviors, such as racing on public roads. The New Jersey definition of reckless driving is a bit more broad. It is similar to careless driving, but the penalties include potential jail time.

The state defines reckless driving as the operation of a motor vehicle without care for the rights and safety of others. If other people might recognize that a driver’s choices are likely to endanger personal safety or property, the situation might constitute reckless driving.

Excessive speed, trying to make a vehicle airborne or turning the wrong way on a one-way street could all potentially lead to allegations of reckless driving under existing state statutes. However, recklessness is largely in the eye of the beholder.

Those accused of reckless driving can potentially defend against those charges by reframing the situation with the help of an attorney. Lawyers familiar with state statutes can help motorists raise questions about their behavior and intentions. There may be a justification for seemingly unsafe driving, or their actions may not have been as risky as they initially seemed to people outside of the vehicle.

Responding effectively to reckless driving allegations and other significant traffic violations can help people protect their driving privileges. Instead of paying the ticket, which is the equivalent of pleading guilty, drivers may want to look into their options for fighting back after a major citation.

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