How long does careless driving stay on your record NJ

I got into a small accident recently and was charged with careless driving. If I get convicted, how long will it stay on my criminal record? I’m really worried that it will hurt my job prospects in the future.

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We have good news for you—since careless driving is a traffic infraction rather than a criminal offense, it actually won’t go on your criminal record at all. You will, however, likely get two to three points on your driver’s license if you’re convicted of careless driving. These points will expire within one to five years in most states, but you’ll need to check your state laws for a more exact timeframe.

That’s not to say that careless driving isn’t a serious offense, though. You’ll still have to pay a hefty fine if you’re convicted, and the charge will go on your insurance record for three years. To fight the charge, it’s a good idea to find a lawyer who specializes in traffic court to help you out.

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How long does careless driving stay on your record NJ
New Jersey Annotated Statute 39:4-97 says, “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.” This language is similar to the language in the statute forbidding reckless driving, but the penalties for careless driving are lower than the penalties for reckless driving. Why?

It has to do with intent. Reckless driving means intentionally acting in a manner that endangers a person or property, and careless driving means unintentionally doing so. A driver who is momentarily distracted by something and gets in a crash as a result did not mean to drive unsafely, but did so nonetheless. This would be a case of careless driving as opposed to reckless driving.

Penalties for Careless Driving

For starters, a person who is convicted of or pleads guilty to careless driving will be fined $85 (or $140 if the offense happens in a safe corridor, a construction zone, or a 65-mile-per-hour area). Additionally, the New Jersey Motor Vehicle Commission will put two points on your driving record. These points don’t expire, so several smaller offenses can add up over time. Three points will be subtracted from your total for each year you go without a traffic violation or a license suspension. If you get six points on your record in one three-year period, you will be fined $150, plus $25 for each point above six. If you get 12 points on your record at any time, your license will be suspended.

Effects on Insurance Rates

New Jersey-licensed auto insurance providers have their own point system that operates much like the MVC’s. Insurers look at the points you have gotten over the last three years to determine how much of a risk you present, and they will raise your premiums accordingly. A violation of NJSA 39:4-97 will add two “insurance eligibility points.

Written By 

How long does careless driving stay on your record NJ
Adam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.

Last updated 

June 1, 2022

In New Jersey, careless driving is a catch-all law that prohibits any form of unsafe operation not otherwise covered by an already existing traffic statute. It differs from reckless driving and is a less serious offense but still carries points and fines. It is extremely important to understand the ramifications of a conviction for careless driving in NJ.

What Are the Penalties for Careless Driving in New Jersey?

Fine: Drivers can be fined between $50 and $200 if convicted of careless driving in New Jersey. This fine does not increase upon subsequent convictions. 

Points: Two points are assessed on one’s NJ license following a conviction for careless driving. 

Court costs: Those who take their ticket to court will have to pay $34 in court fees. This is in addition to the fine or possible surcharge (see below). 

Surcharge: Drivers convicted of six points or more worth of traffic tickets in New Jersey over three years must pay a surcharge. This is an additional fee on top of the fine. A point-induced surcharge costs $150 plus $25 for each point over six.

Auto insurance increase: A conviction for careless driving in New Jersey can result in a significant increase in insurance premiums. One study estimates that a single careless driving ticket can cause a rate increase of about 16%.

Jail time: In extreme cases, drivers can be jailed for up to 15 days if convicted of careless driving. The circumstances that warrant jail time are at the discretion of the judge overseeing the case. 

How long does careless driving stay on your record NJ

The Difference Between Careless Driving and Reckless Driving in New Jersey 

Drivers who exhibit dangerous behavior on the road can be charged with either careless driving or reckless driving, depending on the type and severity of the actions. 

Under NJSA 39:4-97, “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.”

New Jersey’s careless driving law is exceptionally open-ended and leaves a police officer with a tremendous amount of discretion. Any time someone drives erratically on the road and the conduct does not quite fit with another traffic violation, an officer can issue a ticket for careless driving. 

According to NJSA 39:4-96, reckless driving involves “[d]riving 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.”

The core difference between careless driving and reckless driving is one of intent. Drivers charged with careless driving are accused of unintentionally exhibiting unsafe behavior; reckless driving means the officer accuses the driver of “willful or wanton disregard” for the safety of others. 

Careless Driving (39:4-97) vs. Unsafe Driving (39:4-97.2) in New Jersey

Another New Jersey traffic infraction similar to Careless Driving is Unsafe Driving (NJSA 39:4-97.2). The unsafe driving statute states, “Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.” 

It is a common tactic for drivers to plead down a careless driving charge to an unsafe driving charge. Many drivers do this because unsafe driving carries no points. The catch is that unsafe driving comes with an automatic $250 surcharge, in addition to the fine and court costs.

Drivers should consult with an experienced traffic ticket attorney before pleading guilty to any traffic violation or attempting to negotiate it down to a lesser offense. An attorney is more likely to get a better deal than one would on his/her own. In addition, if the charge is related to an auto accident, pleading guilty to any offense–even a reduced offense–can be used against the driver in a civil lawsuit (see below).

Careless Driving and Auto Accidents

Tickets for careless driving are sometimes issued to drivers involved in auto accidents, even if one or both did not commit any other traffic violations. A driver who has been charged with careless driving following an auto accident should do everything possible to avoid conviction. Such a conviction–even if it is reduced to a lesser offense as the result of a plea bargain–can be used against the driver to demonstrate liability in a civil lawsuit.

In situations where getting a not-guilty verdict from a judge is not possible, the driver should have his attorney request a civil reservation. This allows the driver to accept the conviction without accepting the associated civil liability it would otherwise imply. A driver should always consult with a traffic ticket attorney before choosing this or any course of action in response to a charge of careless driving. 

Who Should I Contact for Help with a Careless Driving Ticket in NJ?


If you recently received a NJ traffic ticket, contact Rosenblum Law. Our team of New York and New Jersey traffic ticket attorneys has a successful track record of fighting NJ traffic tickets and getting our clients the results they want. Call us today at 888-815-3649.

Author Bio

How long does careless driving stay on your record NJ

Adam H. Rosenblum

Adam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.

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How do you get careless driving off your record in NJ?

You can have additional points removed by taking qualified driving courses. Through working with an attorney, you may be able to get your careless driving charge dropped or downgraded to avoid having any points attached to your record.

What happens when you get a careless driving ticket in NJ?

In addition to 2 points, if you are convicted of or plead guilty to careless driving the Court must fine you between $50 to $200 plus $33 in court costs and a $6 assessment fee. Although unusual, the Court also has the discretion to imprison you for up to 15 days in jail.

Does a careless driving ticket give points in NJ?

How Many Points Will I Receive for Careless Driving in New Jersey? A careless driving ticket can result in 2 points being assessed to your driving record. Please refer to the chart below for the points associated with other motor vehicle offenses.

Is careless driving a misdemeanor NJ?

Although reckless driving in New Jersey is treated as a crime, a reckless driving conviction will not show up on your criminal record the way a misdemeanor would. Instead, a reckless driving charge will only show up on your driving record. That being said, reckless driving is still a serious citation.