How do plea bargains work in reckless driving cases in New Jersey?
Reckless driving is a serious traffic offense in New Jersey, carrying significant penalties, including hefty fines, points on your driving record, license suspension, and even potential jail time. However, many defendants seek to reduce these consequences through plea bargaining. A plea bargain is a negotiated agreement between the defendant and the prosecution, often resulting in reduced charges or penalties. Below is a comprehensive breakdown of how plea bargains work in reckless driving cases in New Jersey.
Understanding Reckless Driving Charges in New Jersey
Reckless driving in New Jersey is defined under N.J.S.A. 39:4-96, which describes it as driving with “willful or wanton disregard” for the safety of others. The penalties for a first offense include:
- A fine of $50 to $200
- Up to 60 days in jail
- 5 points on your driving record
- Possible license suspension
A second or subsequent offense can lead to How Many Points Is Reckless Driving in New Jersey harsher penalties, including up to three months in jail and higher fines.
The Role of Plea Bargaining in Reckless Driving Cases
A plea bargain allows a defendant to plead guilty to a lesser offense in exchange for reduced penalties. This process benefits both parties—the defendant avoids severe consequences, and the court system reduces caseloads. Plea bargains are common in reckless driving cases, especially for first-time offenders or those with mitigating circumstances.
Common Plea Bargain Outcomes for Reckless Driving
Depending on the specifics of the case, a reckless driving charge may be downgraded to:
1. Careless Driving (N.J.S.A. 39:4-97)
- A lesser offense than reckless driving
- Results in a lower fine
- Only 2 points on the driving record instead of 5
- No risk of jail time
2. Unsafe Driving (N.J.S.A. 39:4-97.2)
- No motor vehicle points (a major advantage)
- Higher fine, usually between $150 and $500
- Can only be used twice within five years to avoid points
3. Other Non-Moving Violations
- In rare cases, reckless driving may be reduced to an offense like failure to obey a traffic signal
- No points or risk of suspension
- Lower fines
Factors Influencing Plea Deals
- Prior Driving Record: A clean history improves chances of a reduced charge.
- Severity of Incident: High speeds or accidents make plea deals less likely.
- Legal Representation: An experienced attorney can negotiate better outcomes.
Plea bargains can significantly reduce the impact of a reckless driving charge. Consulting an experienced traffic attorney increases the likelihood of obtaining a favorable plea deal.