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Q: Careless Driving in Florida Defense Questions ( No Answer,   7 Comments )
Question  
Subject: Careless Driving in Florida Defense Questions
Category: Miscellaneous
Asked by: borisfl-ga
List Price: $10.00
Posted: 03 Feb 2006 13:21 PST
Expires: 05 Mar 2006 13:21 PST
Question ID: 441046
I received a ticket for careless driving in Florida a couple of weeks
ago that I would like to fight.  I was driving W on a 7 lane road(3
lanes each with turning lane)I was in the lane closest to the turn
lane.  There was very heavy traffic going W.  An ambulance appeared
from the right(N) and was attempting to go through the intersection
and go E.  It was a green light and the lane I was in was flowing
through.  The lady in front of me stopped suddenly when she noticed
the ambulance in the intersection and I stopped suddenly as well.  I
was driving a normal distance behind her, however when she stopped I
hit my brakes immediately and slid into her back end(It had just
rained very lightly a few minutes before so my brakes didnt grab at
all as they would have if the pavement was completely dry)  I probably
slid about 15' and was not travelling at a high rate of speed.  In the
end no air bags deployed for either of us, no one was hurt and her
bumper was severely scratched not even dented(it needed to be
replaced) and my front end needed a new headlight and bumper.  I have
not been in an accident in 20 years and even though I hit her I do not
believe this rises to the level of CARELESS driving and all that that
entails(points, fines, etc).  It was a simple accident.  Thank you for
your opinion
Answer  
There is no answer at this time.

Comments  
Subject: Re: Careless Driving in Florida Defense Questions
From: tutuzdad-ga on 03 Feb 2006 14:05 PST
 
Based on what you described it does not sound, in my opinion, that
Careless Driving was the appropriate charge under the circumstances.
I've spent more than 20 years in law enforcement so I happen to know
that in virtually all states if you strike someone from the rear you
are almost always automatically at fault by virtue of following too
closely. My guess is that you can contact the prosecuting attorney and
express your willingness to plead guilty to "Following Too Closely"
and your charges will likley be reduced.

Please let me know if this results in a sufficient solution.

tutuzdad-ga
Subject: Re: Careless Driving in Florida Defense Questions
From: nelson-ga on 03 Feb 2006 15:43 PST
 
If one not have time to stop oneself from hitting the car in front of
one, one is indeed following too closely, which is also careless.
Subject: Re: Careless Driving in Florida Defense Questions
From: tutuzdad-ga on 03 Feb 2006 16:30 PST
 
Well, that's no necessarily true. Remember we are talking about the
law here so there is statutory critera that must be met before the
determinants, alone, or when combined, are defined as specific crimes
(or not).

"Following Too Closely" is simply following too closely, whether it is
caused by inattentiveness, the environment, the cirucmstances or what
have you.

http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=following+too+closely&URL=CH0316/Sec0895.HTM

"Carelesss Driving", a much more serous offense however, is defined as
driving that endangers the life, limb, or property of any person"

http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=careless+driving&URL=CH0316/Sec1925.HTM

Yes, there is a fine line and a seasoned professional investigator
must weigh the facts appropriately. After all, all accidents endanger
the life, limb, or property yet not all drivers are cited for Careless
Driving, are they? See what I mean? Clearly there are circumstances
that warrant a Careless Driving charge and there are circumstances
that warrant a Following Too Closely charge. Otherwise the latter
wouldn't be prosecutable offense, would it?

tutuzdad-ga
Subject: Re: Careless Driving in Florida Defense Questions
From: nelson-ga on 04 Feb 2006 06:36 PST
 
I understand your point, which is why I did not capitalize my terms. 
I wasn't speaking to the Law here.  I was speaking from the point of
view common sense, which many of the "how do I get out of this ticket"
question askers seem to lack.
Subject: Re: Careless Driving in Florida Defense Questions
From: borisfl-ga on 05 Feb 2006 08:59 PST
 
Thanks for the insight Tutuz.  You obviously got the intended spirit
of my question which was indeed legal.  Keep up your well crafted
responses so that this forum will not be left with the kind of
simpleton answers that Nelson provided just so he could see himself in
print.
Subject: Re: Careless Driving in Florida Defense Questions
From: nelson-ga on 05 Feb 2006 17:40 PST
 
Well, if we're being immature . . . Nanny nanny poo poo.  You caused
an accident and I didn't (and I just scored another post)!
Subject: Re: Careless Driving in Florida Defense Questions
From: tutuzdad-ga on 06 Feb 2006 06:12 PST
 
Shall I consider your questions answered then?

tutuzdad-ga

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