Can I file a Motion to Dismiss my Careless Driving Ticket? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: Am I allowed to file a motion to dismiss a traffic citation for careless driving in Volusia County, Florida? I was cited for careless driving because my tires lost traction while waiting to advance at a stop sign. The officer also wrote "careless driving, spinning tires" on the citation. A light drizzle of rain had stopped 7 minutes before the loss of traction occurred, which I have verified with precipitation data for that date and time. My car was overheating due to unusually heavy traffic for the intersection, and I was holding the idle at 2000 rpm's. I wasn't attempting to "spin my tires" as some display of speed. In spite of the fact that there was a vehicle only 3 feet from my bumper, I did not contact any vehicle or even move forward as a result of the wheel spin. I would like to file the motion because I feel like this officer is wasting mine and the court's time over a false charge.
Answered . In FL "careless driving" means failing to operate a vehicle in a careful and prudent manner with regard for the width grade curves, corners, traffic and all other attendant circumstances so as to not endanger the life limb or property of another. It usually requires some combination of actions (like spinning your tires and hitting the car in front of you) and not just one violation.
It is doubtful (make that extremely unlikely) that a traffic division judge will hear a Motion prior to the time of trial. You will likely have to make your motion in trial after cross-examining the officer (to establish that your roadrunner tire spin move did not endanger the life limb or property of another and that the State has therefore failed to prove an essential element of the offense), but you should know that Judges tend to give a wide berth to CD charges. Still, spinning tires without more, (like an accident - however minor) should not constitute a CD charge (there is a specific statute for that - 316.154).
All this said your interests are almost always going to be best served by hiring and having a trained ticket lawyer handle your case. Ticket lawyers are generally intimately familiar with the law, defenses and perhaps more importantly, with the Court and the cops. You should receive (or have received) several solicitations from ticket attorneys shortly after being cited, but if not, then google "Daytona Beach Ticket Lawyer" and you will have plenty to choose from.
Either way best of luck.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
At Michael A. Haber, P.A. "Its all about reasonable doubt"!
Michael A. Haber, Esq. is prepared to speak with you about your case!
THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
No comments:
Post a Comment