Careless Driving Ticket Lawyer Bucks County
It is far too easy to make a mistake after something becomes routine, and you therefore afford it less attention. Driving is such a constant and repetitive aspect of our lives that we frequently forget that we are controlling three-thousand-pound hunks of metal moving at high velocities which can cause tremendous harm – both to person and property – in but an instant. We are prone to operating our vehicles with less care and attention than is necessary. This is why even the best drivers will make mistakes. Sometimes, these mistakes can result in a serious traffic offense. Careless Driving is among the most common violations apart from speeding to be heard in Philadelphia courts. However, common does not equate to inconsequential. The fines, points on your license, and, potentially, suspension of your license are consequences which 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 need 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, so as to prevent them from making their case. Examples of careless driving:- Failing to keep a safe distance from other vehicles
- Swerving
- Unsafe Passing
- Speeding
- Causing an accident
Careless Driving vs. Reckless Driving
The fundamental difference between Careless Driving and Reckless Driving is the “willful or wanton” element contained in reckless driving. Aside from this, they are so similar that careless driving is a lesser offense included 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 while being aware of such. Different offenses are included in careless versus reckless, as some are presumed to be the 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 absolutely necessary 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