Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 200 Years Combined Experience

Former County & Municipal Prosecutors

Careless Driving

Roselle Park NJ Careless Driving Defense Lawyer

Thousands of careless driving tickets are heard in Union County municipal courts every year. Roselle Park may offer no better example of just how often moving traffic violations like careless driving are written when you consider that the municipality only ranks 19th of the 21 municipalities in the county in terms of area at 1.23 square miles yet over 9,000 summonses of this nature were issued in this small borough last year. In accordance with this New Jersey Law, a motorist may be issued a summons for careless driving in accordance with N.J.S.A. 39:4-97 if they operate their vehicle “carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property”. 

If you were issued a ticket/summons for careless driving in Cranford, Linden, Springfield, Mountainside, Berkeley Heights or another town in Union County, a lawyer at The Law Offices of Jonathan F. Marshall possesses the tools to help you avoid a conviction. In fact, the track history of our team of former prosecutors and skilled attorneys is such that we avoid a conviction or finding of guilty in almost all cases involving careless driving. To speak to an attorney on our defense team anytime 24/7 in a free initial consultation, contact our Union NJ Office at 908-272-1700.

Union County Careless Driving Offense

The careless driving statute is intended to combat a broad range of misconduct. This law provides that “[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.” You will note that the crux of the violation is “carelessness” although this term is not defined anywhere in the New Jersey Motor Vehicle Code. Cases applying this law have, however, interpreted the term as being  synonymous with negligence (i.e. failure to exercise the level of care of a reasonable person).

There are essentially three elements that the prosecutor must establish in order to prove a careless driving summons/ticket. First, the state must prove that the accused was operating a motor vehicle. Second, the operation must have been either careless or without due caution and circumspection. Third, the conduct must have endangered person or property.

If you are convicted of careless driving under N.J.S.A. 39:4-97, you may be fined $50 to $200. The fine is doubled if the misconduct occurs in a “safe corridor” area, a construction zone or in a 65 MPH zone.  Two motor vehicle points are assessed upon conviction. There is also the possibility of a county jail term of up to 15 days, as well as for your driver’s license to be suspended.

Cranford NJ Careless Driving Defense Attorney

Given the extent of the fines, motor vehicle points and even potential driver’s license suspension, you should not attempt to defend a careless driving offense in Cranford or elsewhere in Union County without a lawyer. This statement is even more true when you consider the indirect consequences of a conviction like the impact it may have on your ability to secure automobile insurance and/or the premium which you are required to pay.  The likelihood is that all these ramifications are needless if you hire that attorneys at The Law Offices of Jonathan F. Marshall since we are able to avert a plea or finding of guilty in almost all careless driving cases. This is the situation whether the charge is in Clark, Scotch Plains, Garwood, Westfield, Rahway or another municipality. We are skilled former municipal prosecutors with over 1oo years of collective experience. Contact us at 908-272-1700 to speak to one of our lawyers immediately.