Montgomery County Careless Driving Lawyer
Careless driving is when a driver has disregard for the safety of others and it is a less serious offense than reckless driving. A careless driving offense includes behavior such as going too fast, illegal lane change, or texting while driving.
Careless driving is different than a speeding ticket because careless driving is the Commonwealth trying to prove that someone had a specific intent or mind-state and acted without proper care for others. This is not the same as speeding, which can be proven objectively with a simple radar gun or some sort of finding for the court. Careless driving will always have to prove some element of disregard on the person who is operating the vehicle.
If you are facing careless driving charges, reach out to a dedicated traffic attorney today. Let a Montgomery County careless driving lawyer advocate for you.
Common Types of Carless Driving Offenses
If someone is driving in a way that shows disregard for the safety of others to a lesser extent, it will be considered careless driving. Common careless driving offenses include:
- Changing lanes without a signal
- Driving too fast
- Texting while driving
- Aggressive driving
- Following too closely
Individuals facing one of these offenses should contact a seasoned careless driving lawyer in Montgomery County who could help mitigate charges or get them dismissed.
Careless Driving Penalties
Careless driving is one of the lesser traffic offenses. It does not typically carry jail time, but it does carry three points on the driver’s license and a fine ranging from $25 to $200. This is after the Commonwealth or the district attorney proves that someone drove with careless disregard for the safety of other people or their property. The penalty would be increased to a mandatory 90-day license suspension if there is actual bodily injury or death.
Appearing in Court For Careless Driving Charges
If someone does not want the points on license, their insurance premium to go up, or to sacrifice their chance to challenge the fine, then they will need to appear in court to challenge their careless driving ticket. If they fail to appear, they will just be found guilty in absentia and provided with a ticket with the bill in the mail.
Someone in a careless driving case in Montgomery County should expect to be listed in a larger courtroom with many people who all are present to challenge their tickets. The process involves the police officers being present in case as they are needed as witnesses and the district attorney or some representative from the District Attorney’s office.
How Do Prosecutors and Judges Treat Careless Driving Cases?
Prosecutors and judges treat the careless driving cases, depending on the circumstances, as serious because it involves a disregard for someone’s safety or property. If someone is actually injured, they may consider it as a severe driving offense.
If it is a simple disregard or momentary lapse of judgment for someone and they followed too close or changed lanes without properly signaling, then the prosecutor may not seek the maximum penalty and may lean more towards the minimum penalty. Each case will be fact-specific and dependent on the different people involved, the prosecutor, and the police officer. Fortunately, an accomplished defense lawyer could stand by one’s side through the legal process to protect their rights.
A Montgomery County Carless Driving Attorney Could Help
The role of an attorney is to assess the case, walk someone through their options, and to challenge the intent that they were actually careless. For example, an attorney can explain that the defendant may have been switching lanes quickly to avoid hitting someone or avoid hitting something that darted out into the street and that it was not carelessness but, actually, it was being safe that prompted their movement. This may lead to more leniency in the penalties that are pursued, such as fewer points on the person’s license or a lower fine.
A person facing a careless driving charge in Montgomery County will want a local attorney who is familiar with the roads, law, prosecutors, and judges. If you are facing charges, call a Montgomery County careless driving lawyer.