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socrateaser, Lawyer
Category: Criminal Law
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Experience:  Retired (mostly)
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Is careless driving in New Jersey violation 39 4-97 considered

Resolved Question:

Is careless driving in New Jersey violation 39:4-97 considered a misdemeanor or just a petty offense? And if it's just a petty offense does that mean it's considered not to be a misdemeanor? Trying to figure out whether I need to answer "yes" to an application question asking if I have ever been convicted/charged with a felony or misdemeanor.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  socrateaser replied 8 years ago.

Careless driving is a "moving violation," not a misdemeanor or a petty offense.


New Jersey law does provide for the possibility of imprisonment for 15 days on a careless driving violation (NJS § 39:4-104), so based on that, it could conceivably be adjudged by a court as a misdemeanor. But, I think not, because it would mean that nearly every citizen of the state has committed a misdemeanor during his/her lifetime.


It's worth noting that the NJ MVC describes careless driving as a violation, as well (


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