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  1. #1
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    Question Careless Driving???

    Hi all. Would like to start off by saying thanks for the hard work and dedication that you all put in on a daily basis to help straighten this country out. I too will be starting my lifelong dream of becoming a police officer very soon!

    So here's the situation...my gf was heading to work the other day and was pulled over and issued a "careless driving" ticket. Apparently she told me that she was on the road behind the issuing officer and he was going a few mph under the speed limit so she switched lanes and proceeded to pass him by. As soon as she was past his vehicle in the other lane he switched lanes and pulled her over. He then informed her that she had been going a few mph over the posted speed limit and when it was all said and done he issued her a "careless driving" citation.

    It was very early in the morning and they were the only two cars on the road at the time. She has a very good record and obeys traffic laws so I believe her when she said that she made proper lane change and was only going MAYBE 1 or 2 mph over the posted speed limit (she was also very aware that there was a police officer directly in front and next to her during all of this). I understand that she was technically breaking the law by going a couple mph over the speed limit and I she is well aware of that (though upset that she was pulled over for such a low speed over) but what we both don't understand is why she was issued a citation for careless driving rather than a 1-5 over the limit? She didn't question the careless driving citation and was informed that she was given the ticket because of speeding when there was a box above the "careless driving" one that said "unlawful speed...___ mph over" left empty.

    Any thoughts on this situation would be appreciated. Thanks in advance for your time and be safe out there!

  2. #2
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    That does seem kind of strange. However, Google "Florida Criminal Statutes" and you will be able to look up Careless Driving. It does reference following too close and improper lane change. It sounds like your girl friend was driving just fine. I don't know if I even would of made a traffic stop on something like this. If anything, especially if she had a good driving record, I would of given her a verbal warning.

    I don't know if this helps at all. You could always go before a magistate and you both can tell your story. However, a lot of times the driver does not win.

    Best of luck!
    Last edited by Snow Guy; 11-29-2009 at 02:14 PM. Reason: spelling

  3. #3
    Forum Member off_kimball's Avatar
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    Sounds odd I would get a court date and plea Not Guilty (depending on the County). On a Careless Ticket you do not have to write a speed it's simply careless see it below.

    Out of curiosity what agency wrote this?

    316.1925 Careless driving.--

    (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.

  4. #4
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    Quote Originally Posted by off_kimball View Post
    Sounds odd I would get a court date and plea Not Guilty (depending on the County). On a Careless Ticket you do not have to write a speed it's simply careless see it below.

    Out of curiosity what agency wrote this?

    316.1925 Careless driving.--

    (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.
    Orange County SO

  5. #5
    FORMER U.S. MARINE (0311) five0686's Avatar
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    It looks like the deputy was having a bad day, take it to court. He has to explain how it is careless. For the speeding, 1-5 mph its a warning and anything 6+ mph its a ticket.
    NEVER FORGET!!!

  6. #6
    Forum Member Blueribbon's Avatar
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    "...,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."

    I guess you'll have to go to court so the officer can explain the specifics of endangerment to life, limb, or property. From what you've posted, I don't think that this one meets the criteria, but then again there are always two sides in every story.
    "The price of freedom is eternal vigilance."

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  7. #7
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    Were you there or is this the situation as she told it?

  8. #8
    SERVE AND PROTECT Pixelshadow's Avatar
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    Why don't you print all these comments out... take them to court with you on a big board... let the judge and the officer see that others don't understand why it was concluded as such... then again maybe the officer just wanted some extra money (happy holidays) by going to court vs. no appearance. In my opinion there are bigger fish to fry... It is what it is.

  9. #9
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    I wasn't actually there but she's pretty straight forward with me esp if she wants my help with something like this. haha. I do trust her word on this one although as somebody posted there are always two sides of the story but she was extremely upset about the ticket because she felt that she wasn't guilty of much more than a couple miles over the speed limit. She'll have her day in court but I personally feel like the officer was having a bad day or something because even if she was speeding, then why the careless driving ticket? Careless driving defined by state law does not match up to the scenario. I don't know if there's points associated with it or that maybe he was trying to cut her a break instead of issuing a speeding ticket but careless driving leaves a lot to an officer's mind when they look at her driving history if she gets pulled over again too...Thanks for the feedback so far!

  10. #10
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    Quote Originally Posted by Go_Blue_FL View Post
    I wasn't actually there but she's pretty straight forward with me esp if she wants my help with something like this. haha. I do trust her word on this one although as somebody posted there are always two sides of the story but she was extremely upset about the ticket because she felt that she wasn't guilty of much more than a couple miles over the speed limit. She'll have her day in court but I personally feel like the officer was having a bad day or something because even if she was speeding, then why the careless driving ticket? Careless driving defined by state law does not match up to the scenario. I don't know if there's points associated with it or that maybe he was trying to cut her a break instead of issuing a speeding ticket but careless driving leaves a lot to an officer's mind when they look at her driving history if she gets pulled over again too...Thanks for the feedback so far!
    You weren't there, and it didn't happen the way she said it happened. It isn't her fault, it's human nature to lessen your offenses to your loved ones. No deputy is going to cite someone careless driving for going 1 or 2 miles over the speed limit, specifically an OCSO evening or mids deputy.

  11. #11
    VTEC just kicked in yo The SSheriff's Avatar
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    Quote Originally Posted by Pixelshadow View Post
    the officer just wanted some extra money (happy holidays) by going to court vs. no appearance.

    LOL it may be a little late.... I'm still going to court on tickets I wrote in August.
    09

  12. #12
    SERVE AND PROTECT Pixelshadow's Avatar
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    Quote Originally Posted by The SSheriff View Post
    LOL it may be a little late.... I'm still going to court on tickets I wrote in August.
    Damn!! lol...

  13. #13
    it's got a hemi
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    She could have been cited that for a combination of following too closely and unsafe/improper lane change, but from the story posted I don't see it there. Speeding isn't enough for a careless so there has to be another factor.

  14. #14
    Abolens Malefactorum OrlandoExp103's Avatar
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    I wonder if she said "sorry, I wasnt paying attention"
    When passenger of foot heave in sight, tootle the horn. Trumpet him melodiously at first, but if he still obstacles your passage then tootle him with vigor.

  15. #15
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    Quote Originally Posted by StudChris View Post
    You weren't there, and it didn't happen the way she said it happened. It isn't her fault, it's human nature to lessen your offenses to your loved ones. No deputy is going to cite someone careless driving for going 1 or 2 miles over the speed limit, specifically an OCSO evening or mids deputy.
    True BUT I just looked at the ticket closer and he noted 50/45 mph zone. She said she pulled up behind the Deputy at the stop sign and was completely aware of him the entire time. When she proceeded to pull onto the road after the Deputy she then switched lanes into the next lane over from him and he pulled her over. Shes a good driver honestly and she was well aware of the deputy and she told me that she was going a few mph over the speed limit but never went more than a few over and for sure didn't hit 5mph over. I told her it wasn't the smartest idea to switch lanes past him but that's beside the point. When he said why he stopped her he said she was speeding...so why careless driving? Tiger Woods from what I saw is getting issued a careless driving ticket for taking out a fire hydrant and a tree which is $164 and 4pts according to the news outlet. Seems a little steep even if she was going 5mph over don't you think???

  16. #16
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    Quote Originally Posted by Go_Blue_FL View Post
    True BUT I just looked at the ticket closer and he noted 50/45 mph zone. She said she pulled up behind the Deputy at the stop sign and was completely aware of him the entire time. When she proceeded to pull onto the road after the Deputy she then switched lanes into the next lane over from him and he pulled her over. Shes a good driver honestly and she was well aware of the deputy and she told me that she was going a few mph over the speed limit but never went more than a few over and for sure didn't hit 5mph over. I told her it wasn't the smartest idea to switch lanes past him but that's beside the point. When he said why he stopped her he said she was speeding...so why careless driving? Tiger Woods from what I saw is getting issued a careless driving ticket for taking out a fire hydrant and a tree which is $164 and 4pts according to the news outlet. Seems a little steep even if she was going 5mph over don't you think???
    This thread seems to be going the same way as most of the other ones like it. No one here wrote the ticket. They can't explain why he did so. You were given the option of going to court to contest it. You weren't there and don't know what happened. Just say thanks for the replies and call it a day.
    For the cops out there: You are an adult. If you want to write someone, write them. If you don't want to write someone, then don't write them.

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