Dealing With DWI And Reckless Driving Charges

The charge of reckless driving often comes up during a drunk driving charge. In fact, reckless driving is one of the primary reasons the police stop alleged drunk drivers. Along with disorderly conduct and resisting arrest, reckless driving is one of the most common tickets issued along with DWI. In New Jersey, reckless driving  (N.J.S.A. 39:4-96) carries 5 motor vehicle points and is defined as driving:

“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.”

Another, less precise way of saying it is that you know, or have every reason to know, that your driving is likely to harm people or property, yet you do it anyway.

Penalties For Reckless Driving

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The penalties for reckless driving (N.J.S.A. 39:4-96)are relatively mild compared to those for a DWI conviction, but they are still serious. If found guilty of reckless driving, one can face 5 points on their drivers license, up to 60 days in jail and fines between $50 and $200 for a first conviction, suspension of driver's license from one to ninety days if the Judge deems the driver a road hazard. On a second conviction, the jail time increases to a maximum of three months and the fines increase to between $100 and $500 and possible license suspension up to six months. .

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Reckless Vs. Careless Driving In NJ

Closely related to reckless driving is careless driving (N.J.S.A. 39:4-97) which carries 2 motor vehicle points. This happens, according to New Jersey statute, when you drive:

“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.”

The key differences between reckless and careless driving are severity and the driver's intent/knowledge. Careless driving is less serious and, while a reckless driver knows their erratic driving will likely cause harm but ignores that fact, a careless driver may simply be negligent – in other words, he may not know their driving is likely to cause harm, even if they should.

The penalties for careless driving are $85, two point on your New Jersey State Driving Record. If their are aggravating circumstances, such as a previous license suspension,  a judge may add the addition of jail time and license suspension.

Reckless driving and careless driving charges are expensive and can even lead to jail time. But often a traffic stop for one of those reasons leads to additional problems if the driver is suspected of driving under the influence of drugs or alcohol. Evidence of reckless or careless driving is enough probable cause for an officer to stop and arrest a driver for DWI in New Jersey.

Charged With DWI And Reckless Driving In New Jersey? Call An Attorney Today!

Have you been arrested for driving while intoxicated in Ocean County or Monmouth County, New Jersey? One of the most common charges in addition to the DWI is reckless driving. If you have been charged with reckless driving, it is important that you obtain qualified legal representation to help build a defense as soon as possible. The lawyers of Villani & DeLuca, P.C. are well-equipped to deal with these charges and can fight them to your advantage.


If you have been arrested on suspicion of DWI and reckless driving, it is important to contact a qualified attorney that can help resolve the case in your favor. Call the lawyers of Villani & DeLuca, P.C. at 732-965-3999. so they can begin building your defense today. They offer FREE initial consultations, so call today!

Act Now Before It's Too Late!

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Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

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