Reckless driving and possible loss of drivers license under State v. Moran
N.J.S.A. 39:4-96 (Reckless driving) provides in pertinent part, that “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, 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 sixty 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 $100.00 or more than $500.00, or both.”
Until recently, sentencing upon conviction for “garden variety” violation of 39:4-96 usually resulted in the imposition of (only) five (5) motor vehicle points and fines plus court costs. Oftentimes a downgrade from five (5) motor vehicle points to two (2) motor vehicle points, e.g., to the lesser included offense of 39:4-97 careless driving, could be obtained with commensurate fines and court costs. Typically, drivers charged with reckless driving are also simultaneously engaging in conduct which (on its own) could be thought of as “inherently dangerous” to other innocent drivers, unable to detect the increased risk of harm to them. I am of course referring to operation in violation of N.J.S.A. 39:4-50 (DWI/Refusal) or in violation of N.J.S.A. 39:4-98.34 (speeding in excess of thirty (30) miles over the limit), to mention a few.
Recently, however, the Appellate Division in State v. Moran, 408 N.J. Super 412 (App. Div. 2009), held that N.J.S.A. 39:5-31 authorizes a municipal court judge or Law Division judge to “revoke the (drivers) license of any person licensed to drive a motor vehicle, when such person shall have been guilty of such willful violation of any of the provisions of (N.J.S.A. 39-1 to N.J.S.A. 39:5G-2), as shall, in the discretion of the judge, justify such revocation.” N.J.S.A. 39:5-1 authorizes the suspension of driving privileges for “…such willful violation of any of the provisions of this Subtitle.”, e.g. Title 39.
In defining “willful violation”, the Court distinguished between driving recklessly and driving in willful violation of the reckless driving statute. “…reckless drivers act in a way likely to endanger a person or property (39:4-96), and those willfully violating the reckless driving statute engage in conduct that is highly likely to endanger a person or property….Thus, the difference…is one of degree…The distinctions we draw will ensure that municipal court judges invoke N.J.S.A. 39:5-31 only in reckless driving cases that present aggravating circumstances.”
The Court then acknowledged the need for a predictable degree of uniformity in sentencing and set forth the following factors to be considered by judges in determining whether to impose a license suspension and if so, the duration of said suspension.
- The nature and circumstances of defendant’s conduct, including nwhether the conduct imposed a high risk of danger to the public or caused physical harm or property damage;
- The defendant’s driving record, including the driver’s age and length of time as a licensed driver, and the number, seriousness and frequency of prior infractions;
- Whether the driver was infraction-free for a substantial period of time before the most recent violation or whether the nature and extent of the defendant’s driving record indicates that there is a substantial risk that he or she will commit another violation;
- Whether the character and attitude of the defendant that he or she is unlikely to commit another violation;
- Whether the defendant’s conduct was the result of conduct unlikely to recur;
- Whether a license suspension is likely to cause an excessive hardship to the defendant and/or dependants;
- and the need for personal deterrence.
- Any other relevant factor clearly identified by the Court may be considered as well.
The important take way from Moran is that a municipal court judge can now suspend one’s driving privileges for a willful violation of virtually any traffic offense provided that aggravating factors or circumstances are found.
If you are charged with reckless driving, you need to retain a skilled and experienced attorney immediately to ensure that you do not sustain a loss of your driving privileges and/or 5 points. Contact me for help at…………….
STEPHEN A. GRAVATT, ESQ.
(732)-337-7922
