Can the Judge sentence jail time?

[JeffSaks]

Hi,

I received a ticket for speeding on an NJ State Road (Hwy 138). I was exceeding the speed limit by 25-29 mph. I know in NJ when going that speed they issue 2 extra tickets for "careless driving" and for "reckless driving".

In any case, can the judge sentence me to do Jail time for any of these tickets?

Please site a legal reference if possible. (don't want to end up in jail!)

 

[mightymoose]

Don't have anything to cite for you, but you won't do jail time for speeding.

 

[JeffSaks]

Are you sure?

Mighty Moose,

First of all, thanks for your help on my previous post, in regards to this one, are you sure?

The "reckless driving" ticket which they tacked onto the speeding ticket, is
statute 39:4-96 which I'm pretty sure says "A person who.................. shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period not more than 60 days, or by a fine..., or both."

Am I mis-understanding something?

 

[mightymoose]

I expect you will have fines to pay, not jail time. There would have to be more to it than simply speeding to justify jail time.

 

[army judge]

Mighty Moose,

First of all, thanks for your help on my previous post, in regards to this one, are you sure?

The "reckless driving" ticket which they tacked onto the speeding ticket, is
statute 39:4-96 which I'm pretty sure says "A person who.................. shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period not more than 60 days, or by a fine..., or both."

Am I mis-understanding something?

You'll only do jail time if you've been what is called a habitual offender.
Even then, jail time is very rare.
You could ask for a deferred sentence in this matter and get probation.
If you stay clean for 60-90 days, this goes away.
You'll only have to a pay a fine, in most cases.

You might see if you can take an online traffic school to make this go away, too.
In this case, you might have to ask the court's permission to do so.
Or, you might not.


Check these links:

http://www.dmv.org/nj-new-jersey/traffic-schools.php

http://www.onlinetrafficschoolguide.com/nj-new-jersey/traffic_school.html

http://www.drivinguniversity.com/new-jersey-online-traffic-school-defensive-driving/

 

[mightymoose]

Nah... he has misdemeanors here. Traffic school won't help.

 

[JeffSaks]

mightymoose...what's the misdemeanor in this case?

which charge is the misdemeanor?

 

[mightymoose]

The reckless driving charges should be misdemeanors. Depending on your state does, speeding 20+ over the limit may also be a misdemeanor... so possibly all three charges.