Careless Driving and Speeding Ticket in Florida

**Jonny545** · 07-27-2010, 08:24 AM

Hello, I hope someone can help me determine what course of action I should take.

I was recently issued 2 traffic citations here in Florida during an afternoon traffic stop:
1) Careless driving ("aggressive") (civil) $159
2) Speeding (69mph in a 45mph) ("aggressive") (civil) $249

Here is the scenario. I am a 36 year-old male. I was driving home from work, and there is a mile stretch highway, and I thought I would put the pedal down. It was 2 lanes north and 2 lanes south with a turn lane in the middle. I weaved in and out of traffic in the 2 northbound lanes probably 3 - 6 times over the course of 30 seconds and that is when I saw the blue & red lights 2 cars back, and then behind me. A county "traffic division" officer driving a black unmarked SUV had caught me.

He asked me what the rush was and honestly I had no answer other than I apologized to him repeatedly and told him I was just being stupid, because that was the truth. He asked me where I was coming from and I told him I was coming from work. He told me I put people at risk and I may go to jail for what I had just done. I continued to apologize and was very remorseful. He said he will see whether I will be going to jail or not, and he went back to his truck. A little while later he came out and told me I am lucky he's not going to take me to jail, and once again that I had risk many (I think he said "7") peoples' lives back there. However he issued me the 2 above citations. I continued to apologized and I thanked him for not taking me to jail. I signed the two citations. I believe he said that the speeding was 3 points and the careless driving was 4 points, and that I could take a driving class to remove the points for speeding. Then I was free to go.

I rarely drive like this. In fact I don't think I have ever quite driven like I did that day (except once on a closed course in which I earned 2nd place in a class of 30, but that is another story). I feel completely moronic. I have been having a tough time lately, and I made a bad decision that day. Unfortunately he caught me within 30 seconds or so of making that bad decision and so far I am learning a very expensive and tough lesson for being 100% stupid. I usually set the cruise control at 5 over and putz along my 20+ miles to and from work each day, while other driver pass me. This day was really out of character for me.

I was last cited for a blown headlight more than 3 years ago, which I fixed, and provided proof of compliance, and I only had to pay a nominal fee to the county clerk. Prior to that my last ticket was for speeding when I was 19 or 20. That is it.

Now I am faced with simply paying the tickets which I have no problem doing (yikes, $459). Or can I attempt to get out of one of the tickets dropped? I am very worried about having a dirty record now. I think he said the careless driving will stay on my record for 2 or 3 years (honestly can't remember). You know Murphy's Law, I feel like now if I get pulled over again or have an accident, God forbid, that I am now stigmatized as a "careless driver". Also I am worried about my insurance increasing. I have Geico, and my wife and I have been with them for 7 years (since 2003). But I also heard that some insurance companies don't check driving history that often so they may not even catch it. I don't know how true this is for Geico.

Since the officer was what I belive to be a "traffic-division-officer", I'm sure he will show up in court should I decide to contest the charges. And I am not one to be very verbally assertive, esp. in an intimidating courtroom!

What can I do here?:
1) Pay the tickets, take the traffic school online course, and call it a day? OR
2) Fight the tickets, hope that the prosecutor will drop the careless driving, and then I pay the speeding and take the traffic school online course to erase the points. OR
3) Any other options?

What am I risking if I fight the ticket(S)?

I have about 3 weeks to make a decision.

Thank you very much.

Sincerely,
Jonny, the "Stupid-Driver-In-Florida"

**Jonny545** · 07-28-2010, 07:05 AM

I am now considering paying the speeding ticket, and contesting the careless driving charge.

My defense will be that I was not carelessly driving, and that I admit to the speeding and (by the time I go to trial) that I've payed the speeding ticket. Also, the speeding ticket is more costly too $250+ vs. the careless driving ticket - $159.

My hopes are as follows:

1) The officer was not video taping me, but I am guessing he was since he is a "traffic division" officer, and that I assume he came out from a side street behind me and saw me driving this way the whole time.

2) That I will be able to convince the judge that the cars were further apart than they appear in either the video or the way the officer might explain.

3) That I came in 2nd place in driving another similar car a year ago (an actual police car) during a closed course law-enforcement-citizen-activity and so therefore I am very good at handling my car. Also that my car has a performance option such that it has wider tires and more rigid suspension so that it can handle swift lane changes (like I was doing).

4) I admit to speeding but not carelessly driving will give me "extra credit" in the Judges eyes.

PS. I've never been to traffic court before.

Am I crazy or is some or all of this plausible?

The 2009 Florida Statutes

Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL View Entire Chapter

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.
History.--s. 1, ch. 71-135; ss. 1, 6, ch. 76-31; s. 24, ch. 96-350.

Note.--Former s. 316.030.