When it comes to moving violations, the terms “reckless driving” and “careless driving” often tend to come into play. Plenty of people out there fail to comprehend the difference between reckless versus careless driving. In reality, the two concepts come with separate sets of legal consequences. Elliot Wiesner is a New Jersey attorney who has been helping drivers fight traffic offenses for over a decade, and he feels that it is important for people to understand the difference between these two violations.
According to New Jersey state law, the primary difference between reckless driving and careless driving has to do with intention. An officer will charge someone with reckless driving if he appears to have willingly gotten behind the wheel and driven with a clear disregard for the safety of others. Reckless driving carries harsh penalties because it is regarded as an intentional act. If a person decides to drive 40 mph above the local speed limit while under the influence of alcohol, then such a decision displays a blatant lack of concern for the safety of other drivers on the road. As such, that person, if caught, would be subject to the penalties and fines associated with reckless driving.
One confusing facet of reckless driving is the fact that many people who are slapped with such a charge will claim that they never intended to put their own lives or another life in jeopardy, and understandably so. One such example is a person who decides to drive a few miles per hour over the posted speed limit on a wet, icy road. A driver in this situation might be charged with reckless driving because his actions had the ability to put multiple lives in danger. However, many people would be hesitant to truly liken such a violation to something as irresponsible as drunk driving or truly excessive speeding. When it comes to reckless driving, there are certain gray areas as far as intent goes. But the bottom line is that if the action in question was such that it displayed a combination of poor judgment coupled with the capacity to cause harm, then a reckless driving charge can end up sticking.
Careless driving, on the other hand, is generally regarded as an unintentional act. One example of careless driving is a person who, while driving within the speed limit on a given road, rear ends another person who suddenly stops short. In such a situation, it is pretty clear that the person who caused the accident had no intention of hitting the car in front of him, but rather, simply wasn’t quick enough on his feet to hit the brakes in time. While the person could have been paying better attention and perhaps should have left more space between his car and the one in front of him, his actions in this scenario do not display an obvious lack of regard for anybody’s safety, nor are they so glaringly foolish that they deserve more than a just minor penalty. The average police officer in such a situation would therefore only issue this driver a careless driving ticket, and not a reckless driving ticket.
Reckless driving and careless driving also come with varying sets of consequences. In New Jersey, a reckless driving conviction can result in five points on a driver’s license and a significant fine. On top of this, reckless driving can result in jail time — up to 60 days for the first offense, and up to three months on a second conviction. Careless driving, on the other hand, is only a two-point violation, often accompanied by a proportionally lower financial penalty. Those who receive tickets for careless driving will often choose to just deal with the matter on their own, as the consequences involved are relatively minor in the grand scheme of moving violations. However, reckless driving is a matter that often requires the help of an outside attorney.
Of course, in an ideal world, drivers would engage in safe driving methods all of the time, and there wouldn’t even be a need to discuss the concept of reckless versus careless driving. However, since accidents do happen, and people do tend to make mistakes, it is important that drivers understand the difference between these two offenses so that they can decide whether or not to seek legal help in the event that they are accused of either.
