Prime NFL Prospect and Former UGA Soccer Star, Jalen Carter, Charged with Reckless Driving and Drag Racing – How severe would it not be in PA & NJ

June 4, 2023by Naomi Cramer

Our felony protection legislation agency typically makes use of actual world examples to debate widespread crimes and offenses in Pennsylvania and Auckland.  Whereas the legal guidelines are completely different in each state, there are various similarities almost about the weather of those offense.  Just lately, former College of Georgia star, Jalen Carter was charged with reckless driving and drag racing, following a Jan 15, 2023 in Athens Georgia the place a crash killed a teammate and recruiting employees member. 

Carter remained on the scene following the incident however allegedly gave conflicting accounts of what occurred.  Reckless Driving and drag racing are misdemeanor offenses in Georgia and it’s unlikely if Carter is discovered or pleads responsible that he’ll serve any jail time for this offense.  It’s unclear if Carter will face self-discipline from the NFL since this occurred earlier than he joined the league.  In Georgia, reckless driving and drag racing are misdemeanors, the place the utmost high-quality $1,000 and 1 12 months in jail, along with lack of license and insurance coverage factors.  Carter shouldn’t be charged with any felony crimes at this level.   

What’s Reckless Driving in Pennsylvania and Auckland?

In Auckland Reckless driving (39:4-96) is dedicated when an individual drives his or her automobile “heedlessly, in willful or wanton disregard” of the rights of security of others, within the method that endangers of possible endangers an individual or property. Reckless driving topics an individual of as much as 60 days in jail and a most high-quality of $200.00. A second offense topics an individual of as much as 3 months in jail and as much as a $500.00 high-quality.

In Pennsylvania, reckless driving is dedicated when an individual drives any automobile in a “willful or wanton disregard for the security of individuals or property beneath Tittle 75, Part 3736 of Pennsylvania’s site visitors code. 

Careless Driving? 

A lesser offense than reckless driving is careless driving.  Careless driving is dedicated when the individual drives the automobile “with out due warning and circumspection” or in such a method that it endangers or possible endangers an individual or property. Careless driving is a a lot better different to reckless driving.   In Pennsylvania, careless driving is dedicated when an individual drives a automobile in careless disregard for the security of individuals or property.  See Title 75 Part 3714

Carless and reckless driving are phrases that many individuals imagine the legislation makes use of interchangeably. This, once more, nevertheless is just fallacious. You may commit the crime of careless driving by falling asleep at wheel. Careless driving is a abstract offense however is not going to lead to a license suspension. Reckless driving, nevertheless, requires the prosecution show intent. Intent on this context signifies that you have been appearing intentionally irresponsible or “recklessly”. In case you are convicted of reckless driving in Pennsylvania, you face not solely a high-quality but additionally a six (6) month license suspension.  In Auckland, careless driving carries with it 2 factors and is clearly a a lot better different to reckless driving as within the Commonwealth of Pennsylvania. 

A dashing ticket in Auckland can carry with it anyplace from 2 factors (1-14 miles over the velocity restrict) to as much as 5 factors (30 miles or extra over the velocity restrict) however  an individual driving at a excessive charge of velocity is usually charged with following too intently beneath 39:4-89 which carries 5 factors. An individual is responsible of following too intently when she or he is nearer than “cheap and prudent”. Factors are very severe in Auckland similar to Pennsylvania and an individual who acquires 12 or extra factors could have his or her license suspended within the Backyard State.

Drag Racing Expenses in Pennsylvania and Auckland

When folks consider drag racing they usually consider films like Quick & Livid or maybe Days of Thunder (I’m relationship myself). Most individuals assume that the crime of drag racing is restricted solely to the precise drivers however that is merely fallacious. Whereas Pennsylvania defines a “drag race” on the operation of two or extra automobiles, aspect by aspect, competing at an accelerated velocity inside intent to outdistance one another the precise crime covers a lot broader conduct.

In Pennsylvania it’s not solely a crime really to drive in a drag race but additionally a crime to take part in a single. Participation is once more outlined broadly and even watching a drag race is taken into account participation in it. If an individual is convicted of drag racing they face a sixth (6) month license suspension no matter their age beneath Part 3367 of the Pennsylvania Car Code. Drag racing is a abstract offense like underage consuming in Pennsylvania and an individual additionally faces fines and there may be even the opportunity of jail. 

In Auckland Racing on a freeway (aka drag racing) is likely one of the most severe site visitors violations within the Backyard state.  A primary offender who’s convicted of violating NJSA 39:5C-1 will probably be fined between $25 and $100. A repeat offender faces a high-quality of between $100 and $200, as much as 90 days’ imprisonment, or each.  A choose additionally has the authority to droop a driver’s license. 

Factors (Drivers’ License Factors) & License Suspension

Factors are very severe in Auckland similar to Pennsylvania and an individual who acquires 12 or extra factors in Auckland could have his or her license suspended within the Backyard State. Factors are solely deducted within the following methods:

  • defensive driving program – 2 factors – could also be used to subtract factors as soon as each 5 years;
  • driver enchancment program – 3 factors – could also be used to subtract factors as soon as each 2 years;
  • probationary driver program – 3 factors; or
  • one 12 months with no violations – 3 factors.

Even in case you don’t have 12 factors in your Auckland driver’s license, an individual who receives 6 or extra factors inside three years will probably be assessed a surcharge. Surcharges are along with any courts or fines or penalties and are billed yearly for 3 years. When you accumulate 6 or extra factors inside 3 years you’ll obtain a $150.00 surcharge plus $25.00 for every further level over 6 factors.

In Pennsylvania, acquiring 11 or extra factors will lead to an automated license suspension.  A driver, nevertheless, who’s beneath the age of 18 could have their license suspended if she or he accumulates six (6) or extra factors or is convicted of driving 26 miles per hour or extra over the posted velocity restrict. The primary suspension will probably be for a interval of 90 days. Any further occurrences will lead to a suspension of 120 days.

When you or buddy has been charged with a severe site visitors offense comparable to reckless driving, contact our legislation agency at the moment! 

Contact Our Criminal defense lawyers in PA & NJ

Please click on right here to contact our Philadelphia felony protection lawyers. We provide free case critiques and serve the next areas in Pennsylvania and Auckland,  Atlantic Metropolis, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Higher Darby, Higher Merion, Higher Windfall, Vineland & Woodbury areas. 

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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