New Jersey Careless Driving
Use Our Expertise To Help You Get Through The System When You Get A NJ Careless Driving Ticket, Speeding or Traffic Ticket. Free Consultation and Review Of Your Traffic Matter . Call the Law Offices of Samuel L. Sachs at 609-448-2700 or 609-584-2275 for your free consultation.
Points: 2
There are no enhanced penalties for second or more offenses of careless driving.
CASES:
Where a person is suffering from a disease which he knows, or which a reasonable person should know, makes him subject to fainting, or weak spells, or seizures of a sort which may imperil his control of the vehicle, it may indicate a lack of due care for the person to drive on a public highway. Kreis v. Owens, 38 N.J.Super. 148, 118 A.2d 420 (A.D.1955).
Careless driving is a lesser included offense of reckless driving and death by auto. State v. Muniz, 228 N.J.Super. 492, 550 A.2d 487 (A.D.1988), certification denied 113 N.J. 658, 552 A.2d 179, certification granted 113 N.J. 658, 552 A.2d 179, reversed on other grounds 118 N.J. 319, 571 A.2d 948, certification denied 127 N.J. 321, 604 A.2d 597.
Speeding is not a lesser included offense in a charge of careless driving; thus, municipal court lacked power and authority to amend complaint of careless driving to speeding. State v. Jahn, 121 N.J.Super. 209, 296 A.2d 364 (Co.1972).
Contributing factors of medication, or physical or nervous conditions, rendering defendant more susceptible to alcohol are not defenses to charges of leaving scene of accident, careless driving, and driving under the influence of alcohol if such factors caused or contributed to impairment of defendant’s faculties. State v. Corrado, 184 N.J.Super. 561, 446 A.2d 1229 (A.D.1982).
Driving privileges would be suspended for 360 days for driver’s involvement in a fatal accident due to his careless driving. Division of Motor Vehicles v. Barnes, 93 N.J.A.R.2d (MVH) 3, 1993 WL 268832, Unreported (1993).
Failing to stop at stop sign was not careless driving, even though it resulted in accident which caused death of another driver, and thus driving privileges would not be suspended. Division of Motor Vehicles v. Orzechowski, 92 N.J.A.R.2d (MVH) 17 (1992).
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