Driver Failing to Maintain Lane, Refuses to Perform Fse’s, Refused Breath Test

The Charges

Client was observed failing to maintain his lane as he approached a toll plaza, where he swerved to avoid hitting a divider. The Officer followed him for a few miles before the Client exited the highway, after which the Officer initiated a traffic stop. Our Client refused to perform the Field Sobriety Exercises (FSE’s), as well as the breath test. An arrest for DUI was made, in addition to the Client being cited for failing to maintain a lane, careless driving, and not wearing a seatbelt.

Failure to Maintain a Lane

There are many different instances in which you could be cited for failure to maintain a lane. If you swerve over the yellow line, if you go into a ditch, if you are changing in and out of lanes for no reason, etc. an officer can charge you with this offense.  

Fines can be given for those that are cited with failure to maintain a lane. These fines will vary depending on the case. If a person has been drinking, these fines will be increased. If there was an accident that was the result of not maintaining a single lane, fines could be increased as well.  

Three points will also be added to your driver’s license if you receive this citation. 

Careless Driving

Careless driving in Florida is defined as any individual that is operating a motor vehicle who fails to operate it in a careful and prudent manner. Examples of careless driving include speeding, disobeying traffic signs and lights, illegal lane changes, driver holding a cell phone, falling asleep at the wheel, not using signals when turning, and aggressive driving. Careless driving should not be confused with reckless driving, which is caused by someone who has a willful or wanton disregard for others while operating a motor vehicle. 

Not Wearing a Seatbelt

Wearing a seatbelt in Florida is the law and those that do not buckle up could face a citation. All drivers, front seat passengers, and anyone under the age of 18, should be buckled up at all times if they want to avoid such a citation. The driver of the car will be charged with a seat belt violation if any passenger under the age of 18 is not wearing a seat belt or in a safety device, such as a car or booster seat, if they meet the requirements for such a device. 

Musca Law Firm

If you have been stopped for a traffic citation, such as careless driving or not wearing a seatbelt, Musca Law Firm wants to hear from you. Our skilled and professional lawyers will review your case and develop the most strategic defense possible to support the best possible outcome for your case. We will negotiate in court for your rights in order to find a favorable outcome for you of either having your charges reduced or dismissed entirely. Don't hesitate to contact us today at (888) 484-5057 to have a free initial consultation with one of our experienced attorneys. 

RESULT: The Arresting Officer failed to appear for the hearing. The Officer who made the stop did appear and did testify. Testimony was elicited that the Stopping Officer was not in her jurisdiction when she observed our Client’s driving pattern. The Officer also held our Client for over 45 minutes until Officers with proper jurisdiction arrived. This allowed our Musca Law Defense Attorney to file a motion to suppress the stop. LICENSE REINSTATED!