Can a Traffic Violation be Reduced to a Lesser Charge?

While those behind the wheel have a duty to follow traffic laws and drive in a safe manner, not everyone does so. A driver may speed, cut in front of other vehicles, or run red lights, causing them to get pulled over and receive a citation.

Many drivers in Old Bridge, New Jersey who receive a traffic ticket often do so under NJSA 39:4-97. This is the state’s careless driving law, which states that a person who drives a vehicle without due caution, in a manner that endangers a person or property, can be considered guilty of careless driving.

This law serves as a broad, catch-all traffic law that addresses unsafe driving behaviors not specifically covered by other statutes. While it is considered less severe than reckless driving, a careless driving charge still comes with consequences, including fines and points on your license. Understanding the potential impact of a conviction is essential, as even a seemingly minor violation can affect your driving record and insurance rates.

Because of this, you may wonder: Can a traffic violation be reduced to a lesser charge?

A traffic violation can often be reduced to a lesser charge in New Jersey, although the success rate depends on various factors like the severity of the initial offense and the driver’s record. If you are interested in reducing the charge, here’s what you need to know.

Reduce to an Unsafe Driving Charge

It is a common tactic for drivers to plead down a careless driving charge to an unsafe driving charge. That’s because unsafe driving carries no points. However, there is a catch: this charge comes with an automatic $250 surcharge, in addition to other costs.

Under NJSA 39:4-97.2, it is illegal for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property. While this is a lesser charge, you want to avoid pleading guilty to any charge whenever possible. A guilty plea, whether to careless driving or a reduced unsafe driving charge, can provide opposing counsel with leverage in personal injury litigation. This can increase your exposure to damages, which can hurt you in the long run.

Take These Other Steps

If your goal is to get a traffic violation reduced, here are some other steps to take:

• Hire a lawyer. An experienced traffic ticket attorney can negotiate with the prosecutor for a better outcome, which may include reducing points or fines.
• Go to court. For some less serious violations, you can plead not guilty, show up to court, and explain your situation to the prosecutor.
• Argue for a lesser offense. You can ask the prosecutor to reduce the ticket to a less serious offense with fewer or zero points.

Contact Us Today

Traffic violations can sometimes be reduced to lesser charges. However, this is not something that the average person can successfully do on their own.

Phillip E. Miller can help you understand your legal rights and options if you have received a traffic violation in Old Bridge, N.J., and throughout the State of New Jersey.

He has the experience to help you get the best outcome possible. To schedule a consultation, contact us via (732) 679-3434 or online here.