Getting a ticket for careless driving is a pretty common violation in Florida. However, there are often blurry lines when it comes to defining careless driving. The police officer who gave you a ticket most likely did not see what happened, so he or she cannot testify for it in court. There are many different ways for a police officer to determine what actually qualified as careless driving, but it is not easily measurable. In many cases, those who have received a careless driving ticket did not actually deserve it. The Berman Law Group has all the information that you need to know about how to win a careless driving case.
What is Careless Driving?
Florida Statute 316.1925 defines careless driving as the failure for someone to “operate a vehicle on the streets or highways in a careful and prudent manner…so as not to endanger the life, limb, or property of any person.” Careless driving is oftentimes confused with reckless driving. Unlike careless driving, however, reckless driving is a criminal offense. With careless driving, you will get a set fine and your license will have points assessed on it.
If a police officer did not witness your accident, they cannot testify against you regarding how the crash occurred. Many people’s first legal issue is with a careless driving ticket, so they are usually nervous when testifying in court for the first time. Because of this, he or she is not aware of how the impact of their testimony can influence their future. This is where an experienced careless driving attorney can help in deconstructing the case of any witnesses against you.
Accident Reports are Not Allowed in Florida Courts
It is important to know that accident reports are not legal to implement in Florida courts. They also cannot be used against you, which works extremely well in your favor when it comes to winning a careless driving case. According to Florida Statute 316.066, “no such report or statement shall be used as evidence in any trial, civil or criminal.” There are several other factors that usually lead to the dismissal of a careless driving case:
- No accident report
- No police officer testifying against them
- No witnesses who may or may not have actually seen what happened. Since the trial usually occurs months later, anyone who may have witnessed the accident most likely will not have enough detail to defeat “proof beyond a reasonable doubt.”
Hiring a Careless Driver Attorney
The Berman Law Group can help you succeed in your careless driving case. Our experienced and dedicated careless driving attorneys have years of experience with careless driving ticket cases. Not only are they are willing to fight to make sure your case wins, but they will assure that you do. If you are looking for an attorney you can trust to relentlessly fight to contest your careless driving ticket, we can help. Call us today at (800) 883-5206 for a free consultation.