Should I Plead Not Guilty to Careless Driving or Accept a Distracted Driving Ticket?

Question from TR, Should I Plead Not Guilty to Careless Driving or Accept a Distracted Driving Ticket?

Answer from AI:

When faced with a traffic citation, especially one involving a collision in a private parking lot, it’s important to understand the implications of each charge and the potential outcomes of contesting the ticket versus accepting a plea deal. Here’s a breakdown of the key considerations:

Understanding the Charges

1. **Careless Driving**:
– Generally defined as driving without due care and attention or without reasonable consideration for other road users.
– Penalties can include fines, points on your driving record, and increased insurance premiums.
– The specific definition and penalties can vary by state, so it’s important to check your local laws.

2. **Distracted Driving**:
– Typically involves using a mobile device or engaging in other activities that divert attention from driving.
– Penalties can also include fines and points on your driving record, but these may differ from those for careless driving.
– Some states have specific laws about where distracted driving citations can be issued (e.g., not in private parking lots).

Factors to Consider

1. **Evidence**:
– The police report states there was no damage to either vehicle and no injuries, which might work in your favor.
– The body cam footage shows the officer initially intended to write a distracted driving ticket, which could be used to question the validity of the careless driving citation.
– Lack of witnesses and video footage from the parking lot might make it harder for the prosecution to prove careless driving.

2. **Legal Process**:
– Pleading not guilty and requesting a trial means you will need to present a defense, which could involve hiring an attorney.
– Accepting the plea deal for a distracted driving ticket might result in a lesser penalty but still impacts your driving record.

Steps to Take

1. **Consult with a Legal Professional**:
– Given the complexities and potential consequences, it’s advisable to consult with a traffic attorney who can provide personalized advice based on your specific situation and local laws.

2. **Gather Evidence**:
– If you decide to contest the ticket, gather any evidence that supports your case, such as the body cam footage and any statements from the officer.

3. **Consider the Plea Deal**:
– Weigh the pros and cons of accepting the distracted driving ticket. It might result in a lesser penalty but still affects your record.

Resources

– For more information on traffic laws in your state, you can visit your state’s Department of Motor Vehicles (DMV) website. For example, the [California DMV](https://www.dmv.ca.gov/portal/) provides detailed information on traffic violations and penalties.
– The [National Highway Traffic Safety Administration (NHTSA)](https://www.nhtsa.gov/) offers resources on traffic safety and laws.

When to Seek Legal Advice

If you are unsure about the best course of action, it is crucial to seek legal advice. A traffic attorney can help you understand the potential outcomes and build a strong defense if you choose to contest the ticket. They can also negotiate with the prosecutor on your behalf.

Remember, this information is intended to provide a general understanding of the issues involved. For personalized legal advice, always consult with a qualified attorney.