NJ Careless Driving With an Accident License Suspensions Lawyers

NJ Careless Driving With an Accident License Suspensions Lawyers

In New Jersey, a conviction for careless driving can lead to license suspension – especially if the carelessness contributed to an accident. This harsh penalty can turn a minor traffic offense into a major life disruption.

Losing your license impacts everything from your job and education to your family responsibilities. You need an aggressive legal defense to avoid suspension and protect your driving privileges.

This article explains New Jersey’s careless driving and license suspension laws. It also covers defenses and strategies to defeat or minimize a suspension stemming from an accident-related careless driving ticket.

Careless Driving in New Jersey

New Jersey defines careless driving under N.J.S.A. 39:4-97 as operating a vehicle in a manner that disregards the rights or safety of others. Examples of careless driving include:

• Speeding
• Tailgating
• Erratic lane changes
• Texting while driving
• Eating or drinking while driving

Careless driving is a traffic offense, with fines up to $400. But it takes on greater significance when contributing to an accident that injures others or damages property.

License Suspension for Careless Driving

Under New Jersey law, the Motor Vehicle Commission (MVC) has authority to suspend the license of any driver who commits violations that show “a lack of ability to operate a motor vehicle.” [1]

This includes careless driving offenses that result in an accident with injuries or property damage. The MVC sees these accidents as evidence you may be unable to drive safely.

In most cases, the police notify the MVC of the careless driving accident. The MVC then suspends your license pending a hearing. At the hearing, you must convince the MVC not to formally suspend your license long-term.

Defending Against Suspension

With the right legal strategy, you may be able to defeat the license suspension stemming from your careless driving ticket. Possible defenses include:

• You were not actually driving carelessly
• Your driving did not cause the accident
• There were no injuries or only minor damage
• Suspending your license would cause extreme hardship

An experienced traffic lawyer can present evidence and testimony to undermine the prosecution’s case. If the carelessness or accident connection cannot be proven, there are no grounds for suspension.

In Fisher v. Division of Motor Vehicles, for example, a driver avoided suspension by demonstrating his carelessness did not contribute to the collision. [2]

Plea Bargaining

If the evidence against you is strong, your attorney may negotiate with the prosecutor to amend your careless driving ticket to a lesser offense. This avoids license suspension, but you must plead guilty to the reduced charge.

Possible plea deals include:

• Unsafe driving – no points or suspension
• Failure to maintain lane – 2 points but no suspension
• Obstructing traffic – 2 points but no suspension

Every case is unique, so your lawyer will seek the best deal to protect your license while minimizing fines and points.

Reckless vs. Careless Driving

If you’re originally charged with the more serious offense of reckless driving, your lawyer may be able to negotiate it down to careless driving. This avoids the mandatory license suspension that comes with a reckless driving conviction.

In State v. Howard, for example, the defendant had his reckless driving charge reduced to careless driving, resulting in no license suspension. [3]

Appealing the Conviction

If your careless driving conviction and license suspension are upheld by the trial court, your lawyer can file an appeal. This gives you another chance to overturn the conviction before the suspension takes effect.

On appeal, your lawyer may argue issues like:

• Insufficient evidence of careless driving
• Unfair bias or errors by the trial judge
• Excessiveness of the license suspension

If the appeal succeeds, both your conviction and suspension will be reversed. But appealing takes time, so you may lose your license temporarily while the case works its way through the courts.

Occupational Licenses

If your license is suspended for careless driving, immediately apply for an occupational license. This allows you to drive for work, school, medical, and other life necessities during a suspension.

To get an occupational license, you must prove to the court that losing your regular license would cause serious hardship. Your lawyer can help document your need to drive.

In Moore v. Division of Motor Vehicles, for example, a driver suspended for careless driving qualified for an occupational license by showing driving was essential for his job. [4]

While limited, an occupational license is far better than no license if you need to drive for important activities.

License Reinstatement

Once your suspension period ends, you must go through New Jersey’s license reinstatement process before legally driving again. This involves:

1. Paying a $100 restoration fee to the MVC
2. Paying any other fines related to your conviction
3. Providing proof of valid auto insurance
4. Passing a standard vision test

Your lawyer can guide you through meeting these requirements to ensure the MVC promptly reinstates your driving privileges.

Avoiding Future Suspensions

The best way to avoid another careless driving suspension is simply to drive more carefully going forward. But you should also:

• Contest any new traffic tickets vigorously
• Complete a defensive driving course
• Have an attorney negotiate ticket reductions

Following your lawyer’s advice will help minimize your driving violations and risk. This reduces the chances of another careless driving-related license suspension down the road.

Don’t Delay Getting Legal Help

Losing your license due to a careless driving accident can be devastating. But an experienced traffic lawyer can help mitigate the damage and get you back on the road again.

From negotiating plea deals to securing occupational licenses to appealing suspensions, a knowledgeable attorney has the skills to defend your driving privileges. Don’t settle for suspension – fight back with legal representation.

References

[1] https://law.justia.com/codes/new-jersey/2013/title-39/section-39-5-30
[2] https://law.justia.com/cases/new-jersey/appellate-division-published/1992/252-n-j-super-561-0.html
[3] https://law.justia.com/cases/new-jersey/superior-court-appellate-division/2012/a6245-10.html
[4] https://law.justia.com/cases/new-jersey/appellate-division-published/1992/253-n-j-super-562-0.html