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The New Jersey Careless Driving Statute is outlined in N.J.S.A. 39:4-97. This law is designed to penalize drivers who operate their vehicles in a careless manner that could endanger the safety of others or their property. The statute is broad in scope, allowing law enforcement and the courts considerable discretion in its application.

Under this statute, careless driving is defined as driving 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." This definition encompasses a wide range of behaviors that fall short of reckless driving but still demonstrate a lack of proper care while operating a vehicle.

Some examples of actions that may be considered careless driving include:

1. Tailgating

2. Sudden lane changes without signaling

3. Distracted driving (e.g., using a cell phone)

4. Failing to adjust driving for weather conditions

5. Drifting between lanes

6. Excessive speeding (though not to the level of reckless driving)

When a driver is cited for careless driving, it is considered a moving violation. The penalties for careless driving in New Jersey can include:

1. Fines ranging from $50 to $200

2. Potential jail time of up to 15 days (though this is rare for first-time offenders)

3. Two points added to the driver's license

These points can lead to increased insurance premiums and, if accumulated with other violations, may result in license suspension.

One unique aspect of the New Jersey Careless Driving Statute is that it is often used as a "catch-all" charge for traffic violations that don't fit neatly into other categories. It's also frequently used in plea bargaining, where more serious charges might be reduced to careless driving.

To prove careless driving, the prosecution must demonstrate that the driver failed to exercise the degree of care that a reasonably prudent person would under similar circumstances. This standard allows for consideration of various factors such as road conditions, traffic, and visibility.

Defendants have several potential defenses against a careless driving charge:

1. Challenging the officer's observations or interpretation of events

2. Providing evidence of careful driving or extenuating circumstances

3. Arguing that any danger was not foreseeable or was caused by factors beyond the driver's control

It's important to note that careless driving is a lesser offense than reckless driving in New Jersey. Reckless driving involves a willful or wanton disregard for the safety of others, while careless driving merely requires a lack of due caution.

The statute also interacts with New Jersey's comparative negligence laws. In civil cases arising from accidents where careless driving is alleged, a finding of careless driving can impact the allocation of fault and, consequently, the damages awarded.

While careless driving is a traffic offense rather than a criminal charge, it can still have significant consequences. Multiple careless driving convictions can lead to license suspension, and in cases involving accidents with injuries, it may be used as evidence of negligence in civil lawsuits.

In practice, the New Jersey Careless Driving Statute serves as a tool for law enforcement to promote safe driving practices and hold drivers accountable for behaviors that, while not criminally reckless, still fall below the standard of care expected on public roads.