What is Unsafe Driving?
Many drivers who receive traffic tickets in NJ may have heard of something called “Unsafe Driving” or “Unsafe Operation.” If you decide to go to court to fight your ticket, this will likely be a plea bargain that the prosecutor offers to you.
Simply put, this is a 0-point plea bargain. If you were accused of speeding, careless driving, or any other moving violation that carries points, this may be a good option for you.
However, the plea bargain carries with it a $250 surcharge on top of the fine for the original violation, plus court costs. Many people are hesitant to pay this surcharge. However, by paying this surcharge now, you may save more money in the long run on your car insurance.
Keep in mind that you are only able to use this plea bargain two times within a five year period. If you plead guilty a third time within five years, the Motor Vehicle Commission will actually add 4 points to your record.
Should you take this plea bargain?
Whether or not you should take this plea bargain, or even if it is available to you, may depend on several factors such as: the nature of the original offense, how many tickets you received, and your driving history.
If you are faced with a moving violation and want to know your best course of action, speak to an attorney to discuss your case. Call the Law Office of Jason T. Komninos today at (201)343-4622 to schedule a consultation.
The New Jersey statute for Unsafe Driving is as follows:
39:4-97.2 Unsafe Driving, operating a motor vehicle in an unsafe manner, offense created; fines., 4 points on third offense
1a. 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.
b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).
c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).
d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).
e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.