The New Jersey Supreme Court ruled in State v. Palma
that the municipal court may impose a license suspension and/or a jail term on
a defendant convicted of careless driving pursuant to N.J.S.A. 39:4-96,
but only if the judge identifies aggravating circumstances from evidentiary
sources from the record.
The court held that the seven factors set forth in State
v. Moran, a case dealing with reckless driving can be used in deciding
whether to impose a jail term and/or license suspension for a conviction for
careless driving. The Moran
factors are: (1) nature and circumstances of the defendant’s conduct; (2)
defendant’s driving record; (3) whether the license suspension would impose a
hardship on the defendant and his dependents; (4) need for personal deterrence;
(5) driving cause property damage or personal injury, (6) any other factor the
court determines to be relevant; (7) whether the character and attitude of the
defendant indicate that he or she is likely or unlikely to commit another
violation.
