Is reckless driving considered a moving violation in NJ?

    Understanding Reckless Driving in New Jersey

Reckless driving in New Jersey is a serious traffic offense that goes beyond a simple moving violation. According to N.J.S.A. 39:4-96, reckless driving is defined as operating a vehicle “heedlessly, in willful or wanton disregard” of others’ safety. This means that a driver’s actions must show an intentional or careless indifference to the consequences of their driving behavior.

Is Reckless Driving a Moving Violation?

Yes, reckless driving is considered a moving violation in New Jersey. Moving violations are offenses committed while the vehicle is in motion, and reckless driving clearly falls into this category. However, it is classified as more than just a minor moving violation—it is a traffic offense that carries significant penalties.

Penalties for Reckless Driving in NJ

A reckless driving conviction in New Jersey can result in:

• Fines: A first offense carries a fine of up to $200, while subsequent offenses can result in fines up to $500.

• License Points: The New Jersey Motor Vehicle Commission (MVC) assesses five points on a driver’s license for reckless driving. Accumulating too many points can lead to surcharges, increased insurance rates, and possible suspension.

• Jail Time: Unlike typical moving violations, reckless driving can lead to imprisonment. A first offense may result in up to 60 days in jail, while repeat offenses can lead to up to 90 days behind bars.

• License Suspension: In extreme cases, a judge may suspend a driver’s license if the reckless behavior is particularly dangerous or if the driver has a history of violations.

Impact on Auto Insurance

Being convicted of reckless driving can cause significant increases in car insurance premiums. Insurance companies Reckless Driving Ticket New Jersey consider it a major violation, often leading to higher rates or policy cancellation.

Reckless Driving vs. Careless Driving

New Jersey law distinguishes between reckless driving and careless driving (N.J.S.A. 39:4-97). Careless driving involves operating a vehicle without due caution, but it lacks the element of willful disregard for safety. Careless driving is a less severe offense, carrying two license points and lower fines.

Legal Consequences and Defense

Because reckless driving is more than just a moving violation, drivers facing charges should consider legal representation. A lawyer may help reduce charges, negotiate penalties, or argue that the driving behavior did not meet the legal definition of recklessness.

In conclusion, reckless driving in New Jersey is a moving violation with severe consequences, including fines, points, potential jail time, and increased insurance rates. It is crucial for drivers to understand these penalties and take traffic laws seriously to avoid long-term repercussions.