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| 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 |
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| There is no answer at this time. |
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| 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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