Careless Driving Lawyer Bucks County
It is far too easy to make a mistake once something becomes routine and you afford it less attention. Driving is such a repetitive aspect of our lives that we often forget that we’re controlling three-thousand pound hunks of metal moving at high velocities that can cause tremendous harm – both to person and property – in but an instant. We are prone to operate our vehicles with less care than is deserved and attention than is warranted. This is why even the best drivers will make mistakes and sometimes those mistakes may result in a serious traffic offense.
Careless Driving is among the most common non-speeding traffic violations to be heard in Philadelphia courts. However, common does not equate to inconsequential. The fines, points on your license, and possible suspension of your license are consequences you can ill-afford. The Law Offices of Greg Prosmushkin, P.C. will work to secure the best results possible in your case, doing everything we can to protect your rights and your license.
What Constitutes a Careless Driving Ticket?
Careless driving is defined by 75 Pa. Cons. Stat. Section 3714(a) as driving a vehicle in careless disregard for the safety of persons or property.
The prosecution will have to prove their case, namely that your actions, or lack thereof, amounted to “driving…in careless disregard…” Your attorney will be tasked with challenging the prosecution’s assertion of this element in order to prevent them from making their case.
Examples of careless driving:
- Failing to keep a safe distance from other vehicles
- Unsafe Passing
- Causing an accident
The fundamental difference between Careless Driving and Reckless Driving is the “willful or wanton” element contained in reckless driving. Otherwise, they are so similar that careless driving is ultimately a lesser included offense within reckless driving. Ultimately, careless driving amounts to dangerous driving of which the driver is apparently unaware while reckless driving involves the driver acting dangerously and being aware of such. Different offenses are included in careless versus reckless as some are presumed to be the potential consequence of driver error while others are the effect of intentional action. Careless Driving does not involve a dismissive disregard for law.
Despite careless driving being a less serious offense, this does not mean that you should not seek legal counsel. In fact, quite the opposite may be true. Careless Driving is easier to prove, as factual error is far easier to demonstrate than a person’s mental state of intentional disregard. Therefore, counsel is a must to defend against this more easily prosecuted offense.
Penalties for Careless Driving
- 3 points on your driving record
- Increased insurance premiums
- Resulting in injury carries up to $250 fine and 90 days in jail
- Resulting in death carries up to $500 fine and 90 days in jail
Bucks County Careless Driving Lawyer
As discussed above, careless driving may be less serious than reckless driving, but it is easier to prove for the prosecution. Therefore, you will need an aggressive form of representation to help fight your case.
Potential fines, points, and Suspension of License are very real problems that you should attempt to avoid. The Law Offices of Greg Prosmushkin, P.C. will fight on your behalf. Call us today to schedule a free consultation with one of our traffic attorneys.
Potential fines, points, and suspension of license are very real problems that you should attempt to avoid. The Law Offices of Greg Prosmushkin, P.C. will fight on your behalf. Call us today to schedule a free consultation with one of our traffic attorneys.This content was written on behalf of Greg Prosmushkin.