zgram said:
what is the definition of "careless" under this provision? The provision says careless driving is driving in a careless manner.
NJ sucks for finding things online, however, I did come across this in a linked depo..
"...39:4-97 provides that...“[a] person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger or be likely to endanger, a person or property,shall be guilty of careless driving.”"
Which, without seeing the entirety of the statute etc. would lead me to believe that it is written to be taken contextually with the actions of the violator. For example, speeding during heavy traffic could conceivably fall under this, however, without actually seeing the whole, I'm just giving you a good SWAG.
Of further note, this was also dug up:
"The New Jersey Supreme Court has noted that:When [] a statute specifically incorporates a common-law standard of care, a jury finding of a statutory violation constitutes a finding of negligence. [Citing Dolson v. Anastasia, 55 N.J. 2, 10 (1969)].* * * * [T]he plain language of N.J.S.A. 39:4-97 prohibits negligent driving. Proof of the violation of the statute is proof of negligence itself. The reason is that N.J.S.A.39:4-97 incorporates the common-law standard of care. It would be inconsistentto find that defendant had violated the statute but that she had not been negligent.Eaton v. Eaton, 119 N.J. 628, 642-43 (1990). "
So if that's true, there's your answer. Good luck.
