Traffic Offenses

Traffic Offenses

Effective Defense to Reckless Driving Charges in New Jersey

Bergen County attorneys protect accused drivers from excessive charges
At five penalty points, a reckless driving charge is a serious violation in itself and a devastating addition to other charges, such as speeding or DWI. A reckless driving conviction can lead to an immediate license suspension, burdensome fines and staggering insurance increases. In some cases, a two-month jail sentence is possible. If you’re facing a hearing for reckless driving, it is vital to have an experienced defense attorney with you in court. At the Law Offices of Richard S. Greenberg, we’re ready to fight for a dismissal or a reduction in charges to save you money and preserve your driving privileges.

New Jersey’s burden of proof for reckless driving charges
The text of New Jersey’s reckless driving law, N.J.S.A. 39:4-96, reads:

“A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.”

The statute requires the prosecution to prove a mental state bordering on deliberate endangerment of others. Yet, very often officers write a reckless driving citation along with a speeding ticket when the facts don’t support such a conclusion, forcing prosecutors to use scant evidence to convince a judge that additional punishment is warranted. Our attorneys use their trial experience to challenge the state’s case and expose weaknesses in the evidence. For drivers with otherwise clean records, we’ve had great success negotiating these five-point traffic violations down to careless driving, which is a two-point violation, or getting the ticket dismissed altogether.

Traffic Offenses

Bergen County Defense Attorneys Help Drivers Fight Speeding Tickets

Aggressive representation to save you money and protect your license
The state has a legitimate interest in controlling the speed of vehicles: As speed increases, so do traffic accidents, and those higher-speed accidents are likely to be more deadly. But the state also views speeding tickets as a revenue stream, so the fines are high and tickets are notoriously hard to fight. If you’ve been pulled over for speeding, you may be looking at thousands of dollars in fines, fees, surcharges and increased insurance premiums. An experienced attorney who knows how to fight for your rights can help. In Bergen County, the attorneys at the Law Offices of Richard S. Greenberg are ready and able to provide the aggressive defense you need.

New Jersey speeding fines and enhancements
You face several fines for a speeding violation. In New Jersey, the amount is based on several factors:

Miles above the posted speed limit — Fines increase for every 5 miles above the limit and are doubled for speeding in excess of 20 miles per hour. Points also increase as the speed increases, from a two-point violation to as many as five points. Drivers charged with speeding in excess of 30 miles per hour can expect an additional five-point reckless driving charge.
Safe corridor or construction zone — Traffic fines are doubled when the infraction happens in a protected area.
Speeding in tandem — If you’re spotted speeding abreast of another vehicle, the officer could charge you with racing on a highway, which incurs five points.
The points may ultimately be costlier than the fines; the state imposes an annual surcharge for drivers who rack up six points and suspends licenses when the total hits 12. In addition to fines, traffic violations can also come with a county jail sentence of up to 15 days.

The law does give judges some discretion, and prosecutors are often willing to accept pleas to lower the speed charged, which could save you money and lessen the points on your license. Your case might provide the facts necessary for fighting the speeding ticket and getting the charges entirely dismissed. Retaining a defense attorney whose experience you can trust is vital to obtaining a positive result.

Traffic Offenses

How to Fight a Speeding Ticket in New Jersey

Bergen County attorneys have the skill and experience to win
A speeding ticket in New Jersey is very costly. With the fine, the points and the increased insurance premiums, you have little choice but to fight. A skilled attorney can seek a reduction in the fine and points and may even be able to get a dismissal of the ticket. At the Law Offices of Richard S. Greenberg, our defense attorneys take an aggressive approach, challenging every aspect of the state’s case. Although a speeding ticket often comes down to the officer’s word against the driver’s, there are ways to introduce enough doubt to weaken the case against you so the prosecutor will reduce the charges or decline to press the case. When you retain one of our traffic offense lawyers, we fight hard for your best possible outcome.

Challenging the allegations that you were speeding
Fighting a speeding ticket is an uphill battle, but a skilled attorney can successfully challenge the basis for your ticket. Law enforcement uses these methods to assess whether a vehicle is speeding:

Radar — Whether the officer uses a traditional radar gun like the K-55 or a laser radar gun, there are limits regarding the efficacy of the equipment, and the law requires regular maintenance and recalibration of these tools so they provide more accurate readings. Moreover, the state must demonstrate that the officer is trained and proficient in the use of radar. If the officer operated the radar while in a moving vehicle, the state must show that the patrol car speedometer was properly calibrated.
Pacing — The patrol car follows a vehicle at a set distance for a long enough time to establish the speed using the patrol car’s speedometer. Again, the state must show that the patrol car’s speedometer was properly calibrated. The officer must also present plausible testimony regarding the circumstances that allowed the pacing to be conducted.
Beating a speeding ticket in New Jersey is rarely easy, but with an attorney who’s experienced in traffic ticket cases, you may be able to save yourself a hefty fine and a license suspension resulting from too many points.