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  • careless driving citation

    Today I got a "Careless Driving" citation Statute 316.1925.1 Because the woman in front of me slammed on her breaks and I rear-ended her. I also slammed on my breaks but slid into her, we were both doing maybe 15 mph. We were at a stoplight that was red and it turned green so we proceeded forward but I guess the guy in front of her stopped so she slammed on her breaks to miss him then I slammed on my breaks and slid into her, I pushed her into him because she was pretty much on his bumper to start with. None of the 3 veh's had much if any damage, neither of them got cited. I read the statute and I don't understand how I can be given "CARELESS DRIVING" because i was in the rear.. for trying to stop when she slammed on her breaks.. Is this worth disputing? and if so HOW? its $168 bucks.

    FLORIDA STATUE 316.1925.1
    1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

    2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

    The Trooper was a real nice guy, and the fine isnt a big deal. I was just wondering if I should dispute it in court because I severly dislike points / traffic school. Does this sound like the correct charge for this infraction?
    Last edited by dontcallmeradio; 03-26-2010, 12:35 AM.
    Have you ever fired your gun up in the air and gone "ahhrgh"? -Danny Butterman

    "I'm sure finding that 11mm wrench at the last minute to fix the flux capacitor or whatever gets those guys out of bed in the morning is probably just as much of an adrenaline shot as blowing over a ton of C4 at one time" - CruiserClass

  • #2
    I would have cited you for "following too closely" or "inattentive driving"...........due to you being too close, you hit her. Even if she slams on her brakes, if youre a correct distance away then you will have time to stop and avoid striking the other vehicle.
    If you dont think the statute applies to your situation then go to court...BUT I would think the repsonding officer thought that due to you being too close or driving too fast that you disregarded the "due regard...to traffic"

    Its an accident, not an "on purpose"...it happens...just be glad nobody was injured. You will be fine
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    • #3
      Because you failed to yield and crashed into a stopped vehicle and/or were following too closely. It is your responsibility to be able to stop if the vehicle in front of you stops.

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      • #4
        Originally posted by crass cop View Post
        I would have cited you for "following too closely" or "inattentive driving"...........due to you being too close, you hit her. Even if she slams on her brakes, if youre a correct distance away then you will have time to stop and avoid striking the other vehicle.
        If you dont think the statute applies to your situation then go to court...BUT I would think the repsonding officer thought that due to you being too close or driving too fast that you disregarded the "due regard...to traffic"

        Its an accident, not an "on purpose"...it happens...just be glad nobody was injured. You will be fine
        Thank you for your response

        But my question back is.. Does it make a difference since we were stopped at a stop light and immediatley after we took off it occrd? I dont stop at a light with 3 cars inbetween us.
        Have you ever fired your gun up in the air and gone "ahhrgh"? -Danny Butterman

        "I'm sure finding that 11mm wrench at the last minute to fix the flux capacitor or whatever gets those guys out of bed in the morning is probably just as much of an adrenaline shot as blowing over a ton of C4 at one time" - CruiserClass

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        • #5
          Originally posted by dontcallmeradio View Post

          Does it make a difference since we were stopped at a stop light and immediatley after we took off it occrd? I dont stop at a light with 3 cars inbetween us.
          Nope.

          Let the driver in front get far enough ahead of you so that YOU can stop should that driver have to stop.

          Iowa has the "following to closely" or "failure to stop in an assured clear distance" statutes that would cover this type of violation.

          The bottom line is if you hit someone from the rear--------------YOU are almost always at fault.

          Comment


          • #6
            Originally posted by Iowa #1603 View Post
            YOU are almost always at fault.
            yea I kinda figured that.. Was just trying to see if he put the wrong statute charge.. Im pretty sure thats a 3 or 4 point moving violation Fail.. O well live and learn. Thanks for your responses guys.
            Have you ever fired your gun up in the air and gone "ahhrgh"? -Danny Butterman

            "I'm sure finding that 11mm wrench at the last minute to fix the flux capacitor or whatever gets those guys out of bed in the morning is probably just as much of an adrenaline shot as blowing over a ton of C4 at one time" - CruiserClass

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            • #7
              2 second rule, once the car infront of you passes a sign, tree, mailbox ect ect it should take you a minimum of 2 full seconds to come to the same object. This will leave approx one car length inbetween you and the vehicle infront of you.

              Comment


              • #8
                Although I've issued citations for "Following too Closely" in similar situations, I suspect that you were given a citation for "Careless Driving" because a collision occurred.

                Originally posted by dontcallmeradio View Post
                Any person...shall drive...so as not to endanger the life, limb, or property of any person
                When the collision occurred, that element was violated. That might have caused the trooper to feel that charge was more appropriate.

                Comment


                • #9
                  Note to the OP:

                  If you are following a vehicle at a SAFE distance, irrespective of the speed, when that vehicle stops rapidly and without any warning, you WILL NOT rearend that vehicle. You will have plenty of time to stop without incident.

                  There is NO excuse to relieve you of your responsibility to follow at a distance to permit you to stop safely.
                  Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                  [George Washington (1732 - 1799)]

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                  • #10
                    I write ten tickets for Careless Driving a week for just such an accident. I have NEVER lost one in court. The officer doesn't have to prove that you did anything intentionally.

                    In Colorado, all I have to prove is that you drove in a careless and imprudent manner without due regard for the width, grade, curve, corners, traffic, ............and all other attendant circumstances.

                    The last part would get you, a car stopped ahead of you is an "attendant circumstance".
                    I have the heart of a child..................................No really, it is in a jar on my desk.

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                    • #11
                      Originally posted by dontcallmeradio View Post
                      yea I kinda figured that.. Was just trying to see if he put the wrong statute charge.. Im pretty sure thats a 3 or 4 point moving violation Fail.. O well live and learn. Thanks for your responses guys.
                      Careless driving here carries only 2 points. But it's a charge that will raise insurance rates almost immediately.
                      “We don't disagree, you are wrong. Until you have a clue what you are talking about we can't disagree.” - cgh6366

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                      • #12
                        Originally posted by PRESSHRD5COPIES View Post
                        a car stopped ahead of you is an "attendant circumstance".
                        If nobody was in the car, would it then be an "unattendant circumstance"? I joke, I joke.
                        “We don't disagree, you are wrong. Until you have a clue what you are talking about we can't disagree.” - cgh6366

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                        • #13
                          Yes you should dispute the citation. I am sure that Trooper has a family and could use the easy OT.
                          It takes a Wolf.......

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                          • #14
                            15mph and you skidded. Need better tires or leave more space.
                            Any views or opinions presented by this prenomen are solely those of a burlesque author and do not necessarily represent those of a LEA or caementum couturier.

                            nom de plume

                            This is the internet- take all information with a grain of salt. Such could be valid and true or could be typed just for playing devils advocate.

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                            • #15
                              It is not the wrong citation. Careless is a combination of two different violations or a "catch all" for something like this. Its used all the time.

                              Example:

                              I'm going down a 4 lane, divided highway. Speed limit is 60. I'm doing 65. To my right, a female blasts through a stop sign and pulls out right directly in front of me. Had I not slammed on my brakes, I would've rear ended her. I stop her. I wrote her for careless operation vs running a stop sign and failure to yield.

                              But like I said, its a catch all. Troopers here use it all the time. You might want to ask LeanG about this. He's an FHP Trooper. I dont work much traffic so...

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