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, such as a careless driving ticket, it’s important to understand your options and the potential consequences of each choice. Here’s a general overview of what you might consider in your situation.

Understanding Careless Driving and Distracted Driving

**Careless Driving**: This is typically defined as driving without due care and attention or without reasonable consideration for other road users. The specific definition and penalties can vary by state, but it generally involves a lower threshold of proof compared to reckless driving.

**Distracted Driving**: This usually involves engaging in activities that divert attention from driving, such as using a phone. However, as you mentioned, the officer initially intended to write a distracted driving ticket but couldn’t because the incident occurred in a private parking lot.

Factors to Consider

When deciding whether to plead not guilty and take the case to trial or accept the distracted driving ticket, consider the following:

1. **Evidence**:
– **Body Cam Footage**: The officer’s body cam footage might show the conversation and the officer’s initial intention to write a distracted driving ticket.
– **Parking Lot Footage**: If available, this could support your claim that you were not driving carelessly.
– **Police Report**: The report states there was no damage, which might support your argument that the incident was minor.

2. **Legal Definitions and Jurisdiction**:
– **State Laws**: Review your state’s specific definitions and penalties for careless driving and distracted driving. For example, in some states, careless driving might carry higher fines or points on your license compared to distracted driving.
– **Private Property**: Understand how traffic laws apply to private property in your jurisdiction. Some states have specific rules about what citations can be issued in private parking lots.

3. **Potential Consequences**:
– **Insurance**: A careless driving ticket might have a more significant impact on your insurance rates compared to a distracted driving ticket.
– **Points on License**: Check how many points each type of ticket would add to 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 circumstances and jurisdiction.

2. **Gather Evidence**:
– Request a copy of the body cam footage and any available parking lot footage.
– Obtain a copy of the police report.

3. **Consider Plea Options**:
– **Pleading Not Guilty**: If you believe you have strong evidence to support your case, you might choose to plead not guilty and request a trial. This could involve presenting your evidence and possibly calling witnesses.
– **Accepting the Distracted Driving Ticket**: If the prosecutor offers to reduce the charge to distracted driving, weigh the potential benefits, such as lower fines and fewer points on your license.

Resources

– **State Traffic Laws**: Review your state’s traffic laws to understand the definitions and penalties for careless and distracted driving. For example, you can find information on [FindLaw’s Traffic Violations section](https://www.findlaw.com/traffic/traffic-tickets/traffic-violations.html).
– **Legal Aid**: If you need assistance finding a lawyer, you can use resources like the [American Bar Association’s Lawyer Referral Directory](https://www.americanbar.org/groups/legal_services/flh-home/flh-lawyer-referral-directory/).

Remember, while this information provides a general overview, it’s crucial to seek personalized legal advice to make an informed decision.