Reckless Driving is perhaps the most common companion charge to DUI in New Jersey. Even where the driver’s conduct is relatively insignificant, police officers routinely include a reckless driving ticket during DUI stops. The theory behind this is that it is a “fallback” ticket that can subject a defendant to punishment where the DUI charge is dismissed. Where the defendant pleads guilty to or is convicted of the DUI, the reckless driving charge is typically dismissed or merged into the DUI offense by the court. This can be of great import in cases involving death or serious bodily injury to a victim since the elements of reckless driving are similar to the elements required to prove several related indictable offenses. Thus, when a court merges or dismisses a reckless driving charge accompanying a DUI, that may prevent subsequent prosecution on a related indictable charge.
