Motorcyclist Struck Curb Resulting in Accident; Cited for Careless Driving and No Proper Endorsements
No Conviction!
The Charges
Officers were called to the scene of a single-vehicle traffic accident. A motorcyclist lost control and struck a curb at a high rate of speed. Paramedics took the motorcycle driver to the hospital for treatment of injuries. The Police cited the Defendant with Careless Driving and operating a motorcycle without proper License Endorsements.
Careless Driving in Florida
Under Florida law, the definition of careless driving is the failure of any person who is operating a vehicle on the highways or streets to drive in a careful and prudent manner. This remains in place regardless of the width, curve, traffic, corners, grade, and all other circumstances. Any motorist that does not obey this rule will be charged with a moving violation, which is punishable as cited in chapter 318.
Careless driving does have steep penalties in the state of Florida. This moving violation can place points on your driver’s license. Careless driving is often confused with reckless driving, but they are not the same thing. Careless driving is when the operator of the vehicle is not aware that they are operating the vehicle in a manner that is dangerous to others. With reckless driving, the driver knows that they are in the wrong by how they are driving.
Penalties for careless driving will depend on all the circumstances that are involved in the case. A fine will typically be imposed, which could range from $160 to $500. Four points will be given on careless driving charges. If a driver has other points on their record, they could face losing their licenses.
The consequences of careless driving go further than the penalties that the state will give the offender. As the points on your driver’s license add up, insurance companies are more likely to charge higher rates for car insurance.
Operating a Motorcycle Without Proper License Endorsements
Operating a motorcycle without proper license endorsements in Florida is a second-degree misdemeanor. Florida requires all motorists who drive a motorcycle to obtain this endorsement on their license. It can be obtained from the Florida Department of Highway and Motor Vehicles. Anyone driving a motorcycle must pass the Basic Rider Course. This course is offered through the Florida Rider Trainer Program. Penalties for not having the proper endorsements include up to 60 days in jail, up to 6 months of probation, and/or a $500 fine. Your motorcycle can also be impounded by the police.
Obtaining a Lawyer to Fight For Your Rights
If you have been charged with careless driving or operating a motorcycle without proper license endorsements, you need the help of an experienced lawyer. At Musca Law, we will fight for your rights and do our best to help the charges get dropped or lowered.
RESULT: The Defense obtained all evidence in regard to the Client’s case. The Attorney challenged the charges brought forth against the Client. The Court ruled in the Defense’s favor with a ruling of no formal finding of guilt.