If you’ve received a careless driving ticket in New Jersey, you might be wondering whether it’s possible to plead guilty to a lesser offense. The good news is that, in many cases, you can negotiate a plea deal to reduce the charges, which may help you avoid points on your driving record, lower your fines, or minimize other consequences. This article will guide you through the process and explain the key considerations when seeking to plead guilty to a lesser offense than careless driving.

Understanding Careless Driving in New Jersey

Careless driving is a common traffic violation Careless Driving in New Jersey defined under N.J.S.A. 39:4-97 as driving without due caution or care, potentially endangering people or property. Although it is not a criminal offense, careless driving carries penalties, including fines ranging from $50 to $200, 2 points added to your license, and potential increases in insurance premiums. If an accident or injury is involved, these penalties can be more severe.

For many drivers, the accumulation of points is a major concern, as too many points can lead to higher insurance rates or even license suspension. For this reason, drivers often seek to reduce the charge to a lesser offense with no points attached.

Pleading to a Lesser Offense: Unsafe Driving

In New Jersey, one of the most common ways to reduce a careless driving charge is to plead guilty to unsafe driving under N.J.S.A. 39:4-97.2. Unsafe driving is a lesser offense that typically does not result in points on your driving record for the first two offenses. However, there are some caveats:

• For a first or second offense, unsafe driving carries no points but involves a higher fine, typically ranging between $50 to $500.
• A third or subsequent offense will result in the addition of 4 points on your driving record.

While pleading guilty to unsafe driving may spare you from accumulating points, the fines can be steeper compared to a careless driving ticket. Additionally, the state imposes a $250 surcharge for an unsafe driving violation.

How to Pursue a Plea Bargain

To successfully reduce a careless driving charge, it is important to appear in court and negotiate with the prosecutor. In some cases, the prosecutor may be open to a plea deal, especially if you have a clean driving record or if the offense was minor. Having an attorney can improve your chances of securing a favorable deal, as they can present your case effectively and negotiate on your behalf.

When Pleading to a Lesser Offense May Not Be Possible

While many drivers can plead to a lesser offense, this option may not always be available. If the careless driving charge involves serious consequences, such as an accident causing injury or significant property damage, the prosecutor may be less likely to offer a plea deal. In these situations, legal representation becomes even more important.

In New Jersey, it is often possible to plead guilty to a lesser offense, such as unsafe driving, in place of careless driving. This can help you avoid points on your license, though it may come with higher fines. The ability to reduce your charge depends on the specifics of your case, including your driving history and the severity of the offense. If you’re facing a careless driving ticket, it’s worth considering a plea deal to mitigate the impact on your record and insurance rates, and seeking legal advice can significantly improve your chances.