Reckless Driving in New Jersey
Reckless driving with a willful disregard for the safety of others carries fines of up to $500, possible jail time, and five points in New Jersey.
Written by Kevin Martinez
Edited by Pat Roache
Depending on whether it’s a first-time or repeat offense, a
New Jersey
reckless driving charge is punishable by five driver’s license violation points, up to $500 in fines, up to three months in prison, and a driver’s license suspension
.- N.J.S.A statute 39:4-96 defines reckless driving as a “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.”
- A reckless driving violation cannot be expunged from your driving record, but the points will expire over time if you remain violation-free for a few years.
- Drivers with a reckless driving violation can expect to see their New Jersey car insurance rates increase by an average of $914, or 57%.
- N.J.S.A statute 39:4-96 defines reckless driving as a “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.”
- A reckless driving violation cannot be expunged from your driving record, but the points will expire over time if you remain violation-free for a few years.
- Drivers with a reckless driving violation can expect to see theirNew Jersey car insurancerates increase by an average of $914, or 57%.
What are the penalties for reckless driving in New Jersey?
New Jersey classifies reckless driving as a quasi-crime—a traffic violation that’s treated and prosecuted as a crime.
What that means: A reckless driving charge will not appear on your criminal record. However, the charge will appear on your driving abstract, which many employers do use for background checks.
The penalties of a New Jersey reckless driving charge include:
Demerit points | Fines | Jail time | |
|---|---|---|---|
First-time offense | Five | $50 to $200 | Up to 60 days |
Repeat offenses | Five | $100 to $500 | Up to 3 months |
Keep in mind: The severity of the penalties will depend on the severity of the case. Generally, New Jersey drivers charged with reckless driving should prepare for the following:
- Driver violation pointsfor a reckless driving charge are only one point shy of the state’s $150 six-point surcharge.
- It’s up to the judge whether you’re charged fines and/or jail time and how much.
- If your license is revoked or suspended, your insurance provider will need to submit anSR-22 formon your behalf for your license to be reinstated.
New Jersey reckless driving vs. careless driving
According to N.J.S.A Statute 39:4-96, a driver can be charged with reckless driving if they are heedless and display a “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.”
What that means: Essentially, it’s up to the local law enforcement to decide whether a driver is engaging in reckless driving. Some of the common driving behaviors that could land you a reckless driving charge in New Jersey include:
- Speeding (if you’re going 20 miles over the speed limit or more than 80 mph on any road)
- Swerving in and out of lanes
- Driving in the wrong direction
- Striking or nearly striking pedestrians
New Jersey also carries a lesser charge for careless driving. This is viewed as just a traffic violation with the following major difference from reckless driving:
- Careless driving: Operating a vehicle without exercising due caution and circumspection.
- Reckless driving: Operating a vehicle with a willing disregard for the safety of others.
The bottom line: Reckless driving is determined by an intent to put others at risk, while careless driving is based on ignorant neglect.
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Removing a reckless driving charge from your record
Reckless driving charges cannot be expunged from your
New Jersey driving record
if you’ve already been found guilty. The only way to remove a reckless driving charge is to disprove or prevent the prosecution from proving these things in municipal court:
- That your actions were detrimental to the rights and safety of others
- That you were acting with a willful disregard for the safety of others
What to expect: It’s pretty rare to overturn or prevent a prosecution at a criminal defense. That said, your chances will be much better with the help of a criminal defense lawyer.
While a reckless driving charge will stay on your record indefinitely, you have the opportunity to drop the driver violation points over time:
- One year without violations or license suspensions: Three points deducted
You can only receive a defensive driving course point deduction once every five years.
Reckless driving will increase your insurance premiums
NJ drivers with a new reckless driving violation can expect their car insurance rates to spike by an average of $914 per year—that’s 57% of the national average.
The methodology: Car insurance companies classify anyone with major violations, like reckless driving or a DUI, as
high-risk drivers
. High-risk drivers almost always receive more expensive premiums than those with clean driving records
, but there are a few ways to lower your rates:- Take a defensive driving course to deduct two points from your New Jersey driving record
- Dispute minor traffic offenses that would potentially raise your rates even more.
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FAQs
Can you go to jail for reckless driving in New Jersey?
Yes, you could face a possible jail sentence for reckless driving in New Jersey. For a first-time offense, you could be subject to 60 days in jail.
Repeat offenses could land you up to three months in prison.
What is the minimum penalty for reckless driving in New Jersey?
The minimum penalty for reckless driving in New Jersey is a $50 to $200 fine, depending on the severity of the charge. You will also have five driving points added to your driving record, which will remain on your driving abstract indefinitely.
What’s the difference between reckless driving and careless driving?
In New Jersey, careless driving is defined as a person who operates a vehicle without exercising due caution and circumspection. If you willfully were driving with disregard for the safety of others on the road, you’ll end up with a reckless driving charge unless you can prove that it was not intentional.
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