Can You Plead Reckless Driving Instead of DUI?

Drunk driving and reckless driving often come hand in hand. An officer sees driving that looks unsafe, pulls you over, and then asks for field sobriety tests or a breath test. That can turn into a DUI. Sometimes you get hit with both DUI and reckless driving at the same time. Both are serious in New Jersey, but DUI has its own penalties and fines that are different from reckless driving and often tougher.

Not all drunk driving counts as reckless driving. You may get charged with a DUI at a traffic checkpoint, not because anyone witnessed you driving recklessly. The flip side is true, too. You can be found guilty of reckless driving even if you are sober. You might be asking if DWI is a criminal offense in New Jersey. The labels can be confusing, and the consequences can still be heavy on your license, your wallet, and your record.

Talk to a New Jersey DUI lawyer as soon as you can. Your situation is unique, and the details matter. A lawyer can review the stop, the testing, and the state’s evidence, then map out a plan that fits your goals. That could mean fighting the charges, challenging the test results, negotiating a reduction to reckless driving, or discussing a plea bargain if that is the smarter route. Contact The Kugel Law Firm at (973) 854-0098 for a confidential consultation and start building a strategic defense for your situation today.

What’s the Difference Between Reckless Driving and DUI?

If you’re charged with a DUI or DWI in New Jersey, the claim is that you were under the influence of alcohol or drugs. That includes illegal drugs and prescription meds that affect how you drive. Police usually rely on a breathalyzer, field sobriety tests, or a blood test to show impairment.

Reckless driving is different. You can be completely sober and still get cited. In New Jersey, reckless driving means you drove in a way that put people or property at risk with a willful or wanton disregard for safety. In plain English, you knew the driving was dangerous and kept going.

Even sober drivers can get pulled over for reckless driving, which could look like:

• Driving the wrong way down a one-way street
• Ignoring or speeding through stop signs or traffic lights
• Excessive speeding, especially in construction zones
• Tailgating, weaving through traffic, or racing other drivers
• Operating a dangerous vehicle or improperly secured cargo
• Road rage or using a motor vehicle as a dangerous weapon

Consequences depend on what happened and your record. Reckless driving is a Title 39 motor-vehicle offense, not a crime. Still, it can bring fines, 5 MVC points, up to 60 days in jail for a first offense, up to 3 months for a second, and even a license suspension in serious or repeat cases. A criminal record comes into play only if prosecutors also file separate Title 2C charges based on the same conduct.

Speeding is a good example. Going 5 to 10 miles per hour over the limit usually means a ticket and a civil fine. Push your speed to extremes, and an officer may cite you for reckless driving under N.J.S.A. 39:4-96. That charge can carry up to 60 days in jail on a first offense, plus 5 points. New Jersey does not use misdemeanor or felony labels for this Title 39 offense. If someone is hurt or killed, prosecutors may also bring Title 2C crimes like assault by auto or vehicular homicide.

What’s the Difference between Reckless, Careless, and Unsafe Driving?

Reckless driving is the most serious of the three. It means you drove heedlessly with willful or wanton disregard for safety, in a way likely to endanger people or property. That state of mind is the key.  Careless driving is different. It covers inattentive or negligent behavior, like driving without due caution, that creates risk but does not show that extreme disregard.  Unsafe driving is its own offense. It targets operations that are likely to endanger, but it is often treated as a lesser, no-point option for many drivers. 

Reckless driving means you drove with willful or wanton disregard for safety. In New Jersey, a first offense carries a $50 to $200 fine and up to 60 days in jail, and a second offense can mean $100 to $500 and up to 3 months. It is a 5-point violation on your license.

Penalties and points look very different. A first reckless conviction carries up to 60 days in jail or a $50 to $200 fine, or both. A second or later conviction can mean up to 3 months in jail and a  $100 to $500 fine. It also adds 5 license points. Careless driving usually brings a $50 to $200 fine, possible jail up to 15 days, and 2 license points. Unsafe driving fines range from $50 to $150 for a first offense, $100 to $250 for a second, and $200 to $500 for a third or later violation. While the first two offenses carry no points, a third offense within five years results in 4 points. The former $250 unsafe driving surcharge has been eliminated and can no longer be collected for offenses occurring after its repeal.

Prosecutors sometimes agree to reduce a weak reckless, or borderline DUI case to careless driving, or from reckless to careless, because the proof of intent or intoxication is thin. That kind of downgrade can change points and exposure. 

A New Jersey DUI lawyer can review the stop, testing, and video, spot evidentiary problems, and push for the best available outcome under the new law, including a reduction to careless or unsafe driving when the facts support it. 

New Jersey DUI Lawyer

Can You Plead Reckless Driving Instead of DUI?

Yes. In New Jersey, you can sometimes plead to reckless driving instead of DUI. Since 2024, prosecutors may recommend plea agreements in DWI cases, subject to court approval. That means a DUI can be negotiated to a lesser traffic offense like reckless driving when the facts support it.

It is not automatic. A prosecutor must agree, and there must be a solid factual basis for the new charge. Good candidates include first offenses, a BAC near the legal limit, no crash or injuries, and defensible issues with the stop, testing, or police reports. Cases involving drugs, commercial drivers, very high BAC results, or serious harm are much harder to reduce.

A reckless driving charge generally brings lower fines, fewer collateral penalties, and less long-term impact than a DUI conviction. However, points, possible jail exposure, and insurance consequences can still follow, so the goal is to pursue the best outcome for your situation.

A New Jersey DUI attorney can audit the stop, breath or blood evidence, identify suppression arguments, negotiate with the prosecutor, and present mitigation such as treatment and driving history. With the right strategy, a supported plea to reckless driving can be a realistic path.

Chances of Getting DUI Reduced to Reckless Driving

In New Jersey, the chance of reducing a DUI charge to reckless driving is challenging but possible. Historically, a New Jersey Supreme Court guideline (‘Guideline 4’) barred plea bargaining in DWI cases. In 2024, the Legislature amended N.J.S.A. 39:4-50 to authorize plea agreements ‘notwithstanding any judicial directive to the contrary,’ and the Court formally withdrew Guideline 4. That change now permits negotiated pleas in appropriate cases with a factual basis and the prosecutor’s recommendation.

How to Get a Reckless Driving Ticket Dismissed in New Jersey?

Dealing with a reckless driving ticket in New Jersey can be overwhelming, but there are specific actions you can take to potentially dismiss or reduce the charges. Follow these steps:

• Understand the Charges: Familiarize yourself with what New Jersey law considers reckless driving. Knowing this will help you identify the most favorable defense approach.
• Hire an Attorney: Engage a criminal defense attorney with experience in traffic violations. An attorney can evaluate your case, guide you through the legal process, and advocate on your behalf in court.
• Collect Evidence: Compile any evidence that might support your innocence or mitigate the circumstances. This can include witness statements, photos, or videos from the scene, and any other relevant documentation.
• Question the Officer’s Testimony: The credibility of the officer who issued the ticket can be a significant factor. Your attorney can challenge their testimony, seeking inconsistencies or procedural errors that could benefit your case.
• Negotiate a Plea: Consider negotiating with the prosecutor for a lesser offense. This can result in reduced penalties and less severe long-term consequences for your driving record.
• Complete a Defensive Driving Course: Showing proactive behavior by completing a defensive driving course can demonstrate to the court your commitment to safe driving, which might help in getting the charges dismissed or reduced.
• Express Remorse: Display genuine remorse and understanding of the seriousness of the offense. A sincere approach can sometimes influence the court’s decision positively.

Taking these actions improves your prospects of successfully addressing a reckless driving ticket in New Jersey. Each step requires careful consideration and should ideally be handled with the support of a qualified attorney.

Step	Legal Context in New Jersey
Understand the Charges	Reckless driving is defined under N.J.S.A. 39:4-96. Penalties may include up to 60 days in jail and $50–$200 fine for a first offense.
Hire an Attorney	Attorneys can argue lack of reckless intent or negotiate reduction to careless or unsafe driving.
Collect Evidence	Evidence such as witness statements, photos, or challenging radar and video footage can weaken the prosecution.
Question the Officer’s Testimony	Defense may focus on inconsistencies or errors in the officer’s account.
Negotiate a Plea	Possible to reduce to lesser charges like careless or unsafe driving, which carry lower penalties.
Complete a Defensive Driving Course	While not required by law, completing a course may positively influence the judge’s view of your case.
Express Remorse	Demonstrating sincerity and responsibility can sometimes lead to reduced penalties.

Reckless Driving vs. DUI in New Jersey

Drunk driving and reckless driving are often related but distinct charges in New Jersey. A driver may be pulled over for exhibiting reckless behavior, which can then lead to a field sobriety or breathalyzer test and a subsequent DUI charge. Not all drunk driving counts as reckless driving, and conversely, reckless driving can occur even when a driver is sober. Penalties and fines for reckless driving are generally less severe than those for a DUI, but both charges come with significant consequences.

According to N.J.S.A 39:4-96, reckless driving in New Jersey involves endangering people or property with willful or wanton disregard for the rights or safety of others. It disregards safe driving rules regardless of the potential for harm. Examples of reckless driving behaviors include driving the wrong way down a one-way street, excessive speeding, tailgating, and road rage. Consequences for reckless driving depend on the facts and your record. It’s a Title 39 motor-vehicle offense, punishable by $50–$200 and up to 60 days’ jail for a first offense; $100–$500 and up to 3 months’ jail for a second, plus 5 MVC points and possible court-ordered license suspension in serious or repeat cases, but it is not a misdemeanor or felony

Conversely, driving under the influence (DUI), as defined under N.J.S.A. § 39:4-50, involves driving with a blood alcohol concentration of 0.08% or more for individuals aged 21 and above, or while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug. Being convicted of DUI results in significant consequences, including fines, suspension of a license, mandatory participation in alcohol education programs, and the possibility of imprisonment.

Despite being distinct traffic violations, a driver may find themselves facing both reckless driving and DUI charges simultaneously. In New Jersey, both DWI (N.J.S.A. 39:4-50) and reckless driving (N.J.S.A. 39:4-96) are Title 39 motor-vehicle offenses, not crimes. A DWI conviction can still carry severe penalties and collateral consequences, but it is not a Title 2C criminal conviction. Separate Title 2C charges (for example, assault by auto or vehicular homicide) may be filed when injuries or death occur. 

For many first-offense alcohol DWIs with a BAC under 0.15%, New Jersey now uses ignition interlock in place of a fixed suspension. The license is forfeited only until an interlock is installed, after which the driver may operate with the device for a set period. Drug-based DWIs carry a 7–12 month forfeiture, and BAC ≥ 0.15% carries a three-month forfeiture followed by interlock. However, with a reckless driving charge, a driver doesn’t automatically lose their driving privileges. Both offenses are considered serious traffic violations, carrying significant penalties for breaching the law.

In New Jersey, pleading reckless driving instead of DUI is not a straightforward process. Statutes limit the types of offers prosecutors can make to resolve a case, so an alternative traffic offense plea does not come easily. However, alternative plea agreements can be reached based on the state’s inability to prove the DUI case beyond a reasonable doubt. This is why it is essential to have a DWI lawyer who can identify weaknesses in the prosecutor’s case and argue for a diversion.

At the Kugel Law Firm, we handle these types of charges every day for our clients. Schedule a no-risk case consultation with our leading DUI/DWI attorneys now. You can contact us at (973) 854-0098.