Daytona Beach DUI Attorney, Central Florida DUI Lawyer, Criminal Defense Lawyer | Kevin J. Pitts

Daytona Beach DUI Lawyer Seminole County DUI Attorney

Florida Careless Driving

(1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

(2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.

For a careless driving stop to be valid the driving must be a danger to a person or property. An example of an in valid Volusia County careless driving stop is demonstrated in State v. Fuller. The defendant spun the rear wheel of the motorcycle for about five seconds which produced a white cloud of smoke. People were on the sidewalk near the motorcycle but there was no testimony that the life, limb or property of anyone was endangered. It was alleged that other vehicular traffic was affected, however, no evidence was adduced, other than traffic was slowed. That occurrence did not place any person or property in jeopardy. Thus, the Court finds that the action described by the officer did not constitute careless driving. Fla. L. Weekly Supp. 1020a.

The officer needs to observe the careless driving to initiate a traffic stop. Police officer's stop of defendant's vehicle for careless driving was pretext for officer's suspicion that defendant had been involved in drug transaction, where, officer could not see vehicle that he had heard spinning its tires and slamming its brakes and did not in fact see defendant's vehicle until 30 seconds after he heard the spinning of tires and slamming of brakes. Robinson v. State, App. 2 Dist., 617 So.2d 412 (1993).

If you are stopped for Daytona Beach careless driving Daytona Beach traffic attorney Kevin J. Pitts can make sure your rights are protected. If you receive a citation or if the careless driving accusation leads to misdemeanor charges such as a DUI, driving while license suspended or felony drug charges attorney Kevin J. Pitts is here to fight for you. As a former Daytona Beach DUI prosecutor Mr. Pitts is familiar with careless driving stop issues. If you are cited for a Volusia County Careless driving, Seminole County careless driving contact Kevin J. Pitts to discuss your options. Mr. Pitts handles cases throughout Central Florida.

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The Law Offices of Kevin J. Pitts, P.A.
209 West First Street
Sanford, Florida 32771
PHONE (407)-268-3688
CELL (407)-883-6853
FAX (407)-268-3682
pittslaw@gmail.com

Free Consultation

The Law Offices of Kevin J. Pitts, P.A.
747 South Ridgewood Ave., #105
Daytona Beach, FL 32114
PHONE (386)-451-5112
CELL (407)-883-6853
FAX (407)-268-3682
pittslaw@gmail.com