Careless driving tickets, on their own, typically do not give rise to a license suspension for the defendant, and result only in fines and two points on a NJ License. However, pursuant to N.J.S.A. 39:5–31, a New Jersey Judge may suspend your license where there has been a willful disregard for the safety of other persons or property. Such a state of mind may be proven by careless driving tickets involving an accident. If you are texting or talking on your phone and accidentally crash into a parked car, you would be vulnerable to not only careless driving charges, but also the suspension of your drivers license. Whether your careless driving charges are the sole charges or you are also facing charges for speeding, use of a cell phone, or driving while intoxicated, it is imperative that you fight against any license suspension at sentencing.
Call the Law Offices of Jonathan F. Marshall at 1 (877) 450-8301 and speak with an experienced traffic attorney about your pending careless driving ticket.
What Factors Will the Judge Consider in Suspending My License for Careless Driving under N.J.S.A. 39:4-97?
Under N.J.S.A. 39:5–31, and enunciated in State v. Moran, there are certain factors that the Judge must consider before imposing any license suspension at sentencing. These factors include:
- The nature and circumstances of the defendant’s conduct, including whether the conduct posed a high risk of danger to the public or caused physical harm or property damage;
- The defendant’s driving record, including the defendant’s age and length of time as a licensed driver, and the number, seriousness, and frequency of prior infractions;
- Whether the defendant was infraction-free for a substantial period before the most recent violation or whether the nature and extent of the defendant’s driving record indicates that there is a substantial risk that he or she will commit another violation;
- Whether the character and attitude of the defendant indicate that he or she is likely or unlikely to commit another violation;
- Whether the defendant’s conduct was the result of circumstances unlikely to recur;
- Whether a license suspension would cause excessive hardship to the defendant and/or dependents;
- The need for personal deterrence; and
- Any other relevant factor clearly identified by the court.
How Can an Attorney Help With My Careless Driving Ticket?
Beyond helping you avoid any points on your drivers license, legal representation may be able to help you avoid a suspension altogether or those of you facing careless driving charges involving an accident. If you have a less-than-pristine driving record, you may face a license suspension if you are involving in an accident and are issued a careless driving ticket. By placing mitigating factors on the record for the judge to consider, the Law Offices of Jonathan Marshall may be able to assist you in keeping your license. If you or a family member are facing careless driving charges, contact the our office today and speak with an experienced license suspension and traffic ticket attorney about how we can help.