Moving Violations Lawyer Cranford NJ
Cranford, New Jersey is expanding rapidly. As a result, traffic in downtown Cranford is not uncommon. Whenever there is traffic, there are inevitably moving violations. Moving violation convictions can mean insurance points, fines or loss of one’s driving privileges. Common moving violations in Cranford, NJ include: careless driving, reckless driving, speeding, tailgating and cell phone use. All of these tickets carry insurance points and, therefore, it is important for anyone charged with these moving violations to consult with a Cranford NJ Moving Violation Lawyer. The Sloan Law Firm handles moving violation cases in Cranford and throughout Union County. Attorney Daniel Sloan has many years of experience handling moving violations throughout the state and has a history of success in getting zero points for his clients. His firm offers aggressive and experienced legal services to anyone charged with a moving violation in Union County, New Jersey.
Cranford, NJ Moving Violation Lawyer – Call (908) 358-2938
Careless Driving in Cranford, NJ
N.J.S.A. 39:4-97 (Careless Driving):
A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
Careless driving is one of the most common moving violations. In many circumstances, a driver will be issued a ticket for careless driving if he or she is responsible for a motor vehicle accident. The statute is intentionally broad because no one can predict what actions a driver may take while driving that could potentially be harmful to person or property. This offense carries with it 2 insurance points.
Reckless Driving in Cranford, NJ
N.J.S.A. 39:4-96 (Reckless driving):
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.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Reckless driving is not issued as much as careless driving because it requires proof that the driver acted willfully or in wanton disregard for the safety of others. Generally, drivers act carelessly. However, anyone charged with reckless driving must take it very seriously as this offense carries with it 5 insurance points.
Speeding Ticket in Cranford, NJ
N.J.S.A. 39:4-98 (Speeding)
Anyone that exceeds the posted speed limit is guilty of speeding. The speed above and beyond the posted speed limit is important because it determines the number of insurance points associated with the violation. A conviction for: exceeding the maximum speed by 1-14 mph over limit will result in 2 insurance points; exceeding maximum speed 15-29 mph over limit will result in 4 insurance points; and, exceeding maximum speed 30 mph or more over limit will result 5 insurance points.
In addition, under N.J.S.A. 39:4-98.7, the fines are doubled for anyone speeding 20mph or more over legal limit.
Tailgating in Cranford, NJ
Tailgating is a serious moving violation. Under N.J.S.A. 39:4-89 (Tailgating),
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.
The driver of a motor truck when traveling upon a highway, outside of a business or residence district, shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.
A conviction for tailgating will result in 5 insurance points.
Cellphone Tickets in Cranford, NJ
Under N.J.S.A. 39:4-97.3,
a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an “electronic communication device” shall not include an amateur radio.
Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen’s band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user’s telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act:
“Citizen’s band radio” means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen’s band radio service use.
“Hands-free wireless telephone” means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
“Two-way radio” means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.
“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
d. A person who violates this section shall be fined as follows:
(1) for a first offense, not less than $200 or more than $400;
(2) for a second offense, not less than $400 or more than $600; and
(3) for a third or subsequent offense, not less than $600 or more than $800.
For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
e. Except as provided in subsection d. of this section, no motor vehicle penalty points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act. Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to subsection d. of this section shall be collected by the court and distributed as follows: 50 percent of the fine imposed shall be paid to the county and municipality wherein the violation occurred, to be divided equally, and 50 percent of the fine imposed shall be paid to the State Treasurer, who shall allocate the fine monies to the chief administrator to be used for this public education program, which shall include informing motorists of the dangers of texting while driving.
g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.
Cranford Moving Violations Lawyer – Free Consultations Available
If you or a loved one has been charged with careless driving, reckless driving, speeding, tailgating, cell phone use or another moving violation in Cranford, the Sloan Law Firm may be able to assist you. For a free consultation, please do not contact the firm at: (908) 358-2938. The Sloan Law Firm is based in Cranford.