A Split-Second Decision Can Change Everything
Speeding down the highway at over 100 mph might feel exhilarating, but in an instant, it can turn deadly. A recent case in New Jersey, where teenagers took a joyride that ended in tragedy, is a stark reminder of how reckless driving can lead to devastating consequences – not only for those involved but also for their families and the broader community.
While the emotional impact of such incidents is undeniable, the legal consequences can also be life-changing. Reckless driving charges in New Jersey can have far-reaching effects, making it essential to understand how these cases are prosecuted and what defense options may be available.
At The Scardella Law Firm LLC, attorney Lauren Scardella, Esq. has represented individuals charged with reckless driving, guiding them through the complexities of New Jersey law. Whether the charge stems from excessive speed, eluding police, or another serious traffic offense, having a strong defense is key to safeguarding your future.
What is Reckless Driving in New Jersey?
Reckless driving is a major traffic violation in New Jersey that can lead to penalties similar to a criminal offense. While it is not classified as a crime, a reckless driving conviction can result in fines, license suspension, points on your driving record, increased insurance rates, and even jail time.
Under N.J.S.A. 39:4-96, reckless driving is defined as, “Driving a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner that endangers or is likely to endanger a person or property.”
What Makes a Driving Behavior Reckless?
To be considered reckless driving, a driver’s actions must show a conscious and willful disregard for safety rather than just a simple mistake. Law enforcement officers assess factors like speed, road conditions, and whether the driver ignored clear traffic laws.
Some of the most common behaviors that can lead to a reckless driving charge include:
- Excessive speeding (e.g., driving more than 30 mph over the limit)
- Fleeing from law enforcement
- Weaving through traffic aggressively
- Racing or engaging in stunts on public roads
- Driving under the influence of alcohol or drugs
- Ignoring traffic signals and pedestrian crossings
Unlike careless driving, which involves unintentional lapses in judgment, reckless driving involves a knowing disregard for the safety of others. If a driver’s actions create a substantial risk, they can face severe penalties under New Jersey law.
The Legal Consequences of Reckless Driving in NJ
New Jersey takes reckless driving very seriously, and the penalties reflect that:
First-Time Offense:
- Up to 60 days in jail
- Fines ranging from $50 to $200
- 5 points on your driver’s license
- Increased insurance rates
- Potential license suspension
Second (or Subsequent) Offense:
- Up to 3 months in jail
- Fines between $100 and $500
- Additional license suspension
- Mandatory defensive driving courses
Reckless driving doesn’t just affect your record – it can also impact your job, finances, and personal freedom.
When Does Reckless Driving Become a Felony?
Reckless driving can escalate to felony charges in certain situations, such as:
- Eluding Police (N.J.S.A. 2C:29-2): If a driver fails to pull over when law enforcement signals them to stop, they can face felony charges and years in prison.
- Vehicular Homicide (N.J.S.A. 2C:11-5): If reckless driving results in someone’s death, the driver may be charged with vehicular manslaughter, which carries severe penalties, including prison time.
- Aggravated Assault by Auto (N.J.S.A. 2C:12-1c): If reckless driving causes serious bodily injury, the driver may face felony assault charges, with penalties ranging from 5 to 10 years in prison.
In cases like the recent tragic joyride, where excessive speed and reckless behavior led to fatalities, prosecutors often seek the harshest penalties.
How Are Juveniles Charged for Reckless Driving in NJ?
New Jersey law recognizes that young drivers can make mistakes, but when reckless driving results in serious injury, death, or involves fleeing law enforcement, prosecutors may push for harsher penalties – even seeking to try the juvenile as an adult.
Juvenile Court vs. Adult Court: How the State Decides
In most cases, juveniles under 18 years old will have their reckless driving charges handled in New Jersey’s Municipal Court system, unless there are also criminal charges involved, which would be handled in most instances in the Family Court. The juvenile justice system focuses on rehabilitation rather than punishment, which means:
- Court-ordered driver safety courses
- Fines and community service
- Suspension of driving privileges until age 21 (depending on severity)
- Probation instead of incarceration
Notably, not all juvenile cases stay in Family Court. If the charges involve serious bodily injury, death, or eluding police, the state can file a motion to waive the case to adult court under N.J.S.A. 2A:4A-26.1.
When Can a Juvenile Be Tried as an Adult?
A juvenile aged 15 or older can be waived to adult court if prosecutors argue that:
- The offense was particularly serious, such as vehicular homicide or aggravated assault with a vehicle
- The juvenile was fleeing police at high speeds
- The juvenile has a prior criminal or traffic record
- The act showed a reckless disregard for human life
Unlicensed Juvenile Drivers Face Harsher Consequences
When a juvenile without a driver’s license is charged with reckless driving, the consequences are often more severe. Courts may impose stricter penalties, including:
- Longer delays in obtaining a driver’s license (often until the age of 21 or beyond)
- Heavier fines and community service requirements
- Court-supervised probation to prevent future offenses
- Involvement of social services or juvenile rehabilitation programs
If the reckless driving incident results in serious injury, death, or involves evading law enforcement, prosecutors may seek to try the juvenile as an adult – which significantly increases the potential penalties.
Legal Challenges in Defending an Unlicensed Juvenile in a Reckless Driving Case
Defending an unlicensed juvenile in a reckless driving case presents unique legal challenges. Prosecutors often pursue additional charges beyond reckless driving, making the case more complex. A strong defense strategy must consider multiple factors, including the juvenile’s intent, the circumstances of the incident, and legal accountability.
Key Legal Issues in Unlicensed Juvenile Reckless Driving Cases
- How the Juvenile Accessed the Vehicle: Courts will assess whether the car was taken with or without permission and whether parental consent was involved. These details can affect liability and potential charges.
- Eluding Law Enforcement (N.J.S.A. 2C:29-2): If the juvenile fled from police, this could escalate the case to felony-level charges. Defense strategies may focus on whether the minor fully understood the situation or if police pursuit policies were properly followed.
- Criminal Liability for Injuries or Fatalities: Prosecutors take a zero-tolerance approach when reckless driving results in serious injury or death. Defense arguments may highlight mitigating factors such as peer pressure, lack of intent, or the juvenile’s inexperience behind the wheel.
- Unauthorized Use of a Vehicle: If the juvenile did not own the vehicle, courts may examine whether it was taken without permission. This could lead to additional charges beyond reckless driving, further complicating the case.
- Psychological and Developmental Considerations: Juvenile cases often involve expert testimony on impulse control, peer influence, and cognitive development. These factors can be used to argue that harsh adult penalties are inappropriate and that rehabilitation options should be prioritized.
The Importance of Skilled Legal Representation
Unlicensed juveniles facing reckless driving charges risk harsh penalties that could impact their future, including delayed driving privileges, heavy fines, and potential detention. A reckless driving conviction can also affect college applications, employment opportunities, and future legal standing.
When the stakes are high, having the right legal defense can make all the difference. Attorney Lauren Scardella, Esq. has extensive experience handling juvenile reckless driving cases in New Jersey and understands how to protect your child’s rights while working toward the best possible outcome.
Is Your Child Facing Reckless Driving Charges? Call Lauren Scardella, Esq. Today
A reckless driving charge – especially for an unlicensed juvenile – requires immediate legal action to minimize the consequences. Waiting to address the situation can limit defense options and increase the risk of severe penalties.
At The Scardella Law Firm LLC, defense attorney Lauren Scardella provides dedicated legal representation for juveniles facing reckless driving and related charges in Burlington County, Mercer County, and Middlesex County, including Freehold, Toms River, New Brunswick, Mount Holly, Trenton, and surrounding areas.
Don’t wait to protect your child’s future. Call today for a confidential consultation or schedule a case review online. Let’s discuss the best defense strategy together.
Disclaimer: The information in this blog is provided for general informational purposes only and should not be construed as legal advice. Every legal situation is unique, and the application of laws may vary based on individual circumstances. Reading this article does not establish an attorney-client relationship with The Scardella Law Firm LLC. If you are facing reckless driving or related charges in New Jersey, it is important to seek personalized legal counsel.