Florida officers often issue Careless Driving tickets to people involved in car crashes, even in cases when there was no witness to the crash. Police regularly draw their own conclusions and issue a careless driving summons without any evidence and without any witnesses.
Despite what an officer might believe, just because an accident occurred, that does not mean that you drove carelessly. In fact, Florida law says, in order for the state to prove Careless Driving, the State must show the driver did not operate in a careful and prudent manner. There must to be evidence of the defendant’s manner of driving. Simply being in an accident does not carry the State’s burden, though leaving the scene of an accident can change things.
So, what do you do if you’ve been issued a Careless Driving Citation for a crash that has no witnesses? If you have been in an accident and issued a ticket for careless driving, if you have been issued a ticket for careless driving under for some other reason, it really would be smart to consult with a lawyer who deals with violations of Florida Statute 316.1925 on a regular basis. We can schedule your case for a hearing with attorney Bruce Denson and make the appropriate motion for dismissal.