Reckless Driving, Careless Driving & Speeding
N.J.S.A. 39:4-96. Reckless driving; punishment
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 and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $ 50.00 or more than $ 200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $ 100 or more than $ 500, or both.
N.J.S.A 39:4-97. Careless driving
A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
Amended 1951,c.23,s.54; 1955,c.220,s.2; 1995,c.70,s.3.
N.J.S.A 39:4-98. Rates of speed
Subject to the provisions of R.S. 39:4-96 and R.S. 39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:
a. Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;
b. (1) Twenty-five miles per hour in any business or residential district;
(2) Thirty-five miles per hour in any suburban business or residential district;
c. Fifty miles per hour in all other locations, except as otherwise provided in the “Sixty-Five MPH Speed Limit Implementation Act,” pursuant to section 2 of P.L.1997, c.415.
Speeding, radar, speed limit signs
If you were charged with speeding on the basis of police or highway department radar equipment, our attorneys can have the equipment analyzed to see if it was working properly. A sign does not set the speed limit-New Jersey law does. It is important to establish that you actually were exceeding the legal limit when picked up. The court will consider, if it is established that you were speeding, the amount by which you exceeded the speed limit at sentencing.
If you have been charged with reckless driving, careless driving, or have received a speeding ticket, you can only make a well-informed decision about how to proceed after discussing your case with an attorney with the appropriate experience. If you would like to speak with a traffic lawyer from our firm, call 1-732-845-3203 or e-mail Ray at firstname.lastname@example.org to set up a consultation.
I represent clients who have received a summons or been arrested on a wide variety of traffic violations, defending them throughout New Jersey.