Dear shattuck-ga;
Thank you for allowing me an opportunity to answer your interesting
question. Relax. Reckless driving in New Jersey is not that big of a
deal in terms of criminal history.
39:4-96 Reckless driving; punishment
?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.?
MEGALAW
http://www.megalaw.com/nj/top/njcriminal.php
Consider yourself lucky. The fine imposed upon you could have been
much worse. Let me address your questions individually:
?My question is that reckless driving in NJ is really just a traffic violation??
Reckless driving is considered by the State of New Jersey as a
misdemeanor traffic offense if no one was injured and no accident
occurred.
For a conviction of Reckless Driving, 5 points are added to your
driving record. This point system is used by most states and is used
to access someone?s driving history. Derogatory points add up and
should you reach a total of 12 or more points on your driving record
the Motor Vehicle Commission will issue a notice of scheduled
suspension of your driving privilege.
NEW JERSEY MOTOR VEHICLE COMMISSION
http://www.state.nj.us/mvc/dui_point/point.htm#
?How about misdemeanor? Unlike in VA it is a criminal charge??
Again, reckless driving is considered by the State of New Jersey to be
a misdemeanor traffic offense if no one was injured and no accident
occurred.
?If not, what are the implications and can I still get another lawyer
to try to do something about it??
If you pled guilty and your case has been adjudicated, the matter is
over. There is no appeal process or legal recourse for you to change
your plea so you can have the case retried if you plead guilty.
?Will I be required to report whenever if I am asked if I have any
criminal or misdemeanor charges? such as for employment purpose.?
Probably not, but it depends on the employer. If you are applying for
a sensitive position then your application should be fairly specific
about the kind of history the employer is interested in.
?Do I have a criminal record now??
Yes, in a sense. Your criminal history will indicate a misdemeanor
traffic violation on your record. By most standards however, this is
not considered a serious conviction and you are far from being
considered a criminal.
?Will it be on my record forever??
All point violations earned in New Jersey since March 1, 1974 remain
on your driver history record. However, this record differs from your
current driver status that equals the point total minus the point
credit reductions. In other words, the history of the violation will
always be on your record, but the points you were given by the Motor
Vehicle Commission for this particular incident will eventually
expire. In order to begin having points removed form your record you
must be violation and suspension free for 1 year. Up to three points
will be subtracted from your point total for every year of safe
driving (no violations or suspensions). Up to two points may be
subtracted from your total after you complete an MVS approved
defensive driving course (you may take one course and receive a point
credit every five years).
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
INFORMATION SOURCES
MEGALAW
http://www.megalaw.com/nj/top/njcriminal.php
Kenneth Vercammen & Associates
http://www.njlaws.com/
FORMERCOP.COM
http://www.formercop.com/pointsnjfc.htm
NEW JERSEY MOTOR VEHICLE COMMISSION
http://www.state.nj.us/mvc/dui_point/point.htm#
A PARTIAL LIST OF MVR RELATED TERMS
http://www.iix.com/support/iiX/mvrstuff/STATE.HTM
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New Jersey, reckless driving |
Request for Answer Clarification by
shattuck-ga
on
15 Mar 2004 17:20 PST
Dear tutuzdad-ga,
Your research is great! 5 star + tip for sure. I can sleep better now.
I guess now I understand why my lawyer said it was just a traffic ticket.
In my case, no one was injured and no accident occurred.
As my previous question - is Speeding ticket a misdemeanor traffic
offense? because I had a hard time to distinguish the difference (for
criminal record) between a speeding ticket, running a red light and
reckless driving. (reckless sounds very much criminal)
If yes, I guess any one had gotten a ticket all has a criminal record.....
From you answer, my criminal record will only indicate misdemeanor
traffic offense? anything else?
This kind of criminal record forever?
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Clarification of Answer by
tutuzdad-ga
on
15 Mar 2004 18:11 PST
Well, I?m glad you are pleased. I must admit though that I am at
somewhat of an advantage. Having spent the last two decades in law
enforcement myself (Google Answers is a part-time gig) the law, for
me, is probably not as difficult to read as perhaps others may find it
to be. I guess it?s my familiarity with the jargon that makes it
easier.
This PARTICULAR offense is indeed a misdemeanor traffic offense in New
Jersey, but what the average person doesn?t realize is that most of
the more serious ones ALL are. It is more serious than running a red
light or speeding. These are called ?moving violations?, which is a
substantially lesser offense. On the other hand, first offense
reckless driving is not as serious as second or third offense and so
on, nor is it as serious as reckless driving involving an accident or
driving while intoxicated. As traffic offenses go, it is relatively
the middle of the road (no pun intended).
As for your criminal record, if an employer did a background check on
your for employment purposes, it MAY OR MAY NOT even show up. If it
does, whether it matters or not depends on the employer. Certainly the
more distant it becomes in terms of your past the lesser significance
it will bear. You can chalk it up to a young person?s one-time
experience with bad judgment and let it go at that. Chances are the
prospective employer will feel the same way.
On the other hand, a much deeper criminal history can be done by a law
enforcement agency or some other entity authorized to perform deeper
checks and find out everything you?ve ever been convicted of no matter
how long it?s been. This is just the nature of criminal histories. In
that sense, yes, it will remain on your record, but don?t expect the
average employer to be able to access your record that deeply unless
you go applying for a position with a law enforcement agency, some
place like NASA or try to enlist in the Military. You?d be surprise
the number of people around you has such a record themselves.
Keep your nose clean and your foot off the pedal for a while ? a long
while. Don?t get into any more trouble. Not even a speeding ticket. In
time this will become history and you?ll get your points reduced. In
the meantime you can check on local defensive driving courses in your
area and find one that is right for you. They are usually 8 to 24
hours long and you can often attend one in the evening after work or
school. Take your certificate to the Motor Vehicle Commission office
and they?ll take a couple of points off your record now just to get
you started. That should bring you down to 3 points instead of five.
For insurance purposes it will make a significant difference on your
bill.
If you are real serious about having a clean record, you can also ask
your attorney about having your record expunged. Personally, I
wouldn?t think it would be worth it, but if it means that much to you,
you can read more about expungements here:
NEW JERSEY EXPUNGEMENT FAQ
http://www.expungemynjrecord.com/faq.htm
Drive safe.
Tutuzdad-ga
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