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Should I fight a careless driving ticket or go to traffic school?

Deland, FL |

I was in an accident in Deland,Fl. The car in front of the car in front of me slammed on the breaks causing the car in front of me to do so as well. I slammed on my breaks and turned sharply to avoid the man ahead of me but my car slid and I hit the edge of his bumper. He and another driver helped me pick up my dragging bumper and get my car off the road.We called the police and they sent out a community service aid who took in the scene, who just looked at both cars and gave me a ticket. She didn't look at the skid marks which started a safe following distance behind him and she pretty much blew both of us off. I'm 23 years old and have never had any prior accidents except for ones where someone else hit me.

Attorney Answers 5

Posted

You should retain an attorney. The third District Court of Appeal has held that there is no presumption of guilt when a car hit another from behind. There are defenses such as total brake failure, a stray animal, and other reasons not to mention the other party has to appear in court and may not. You are Presumed innocent until proven guilty. If you would like traffic school, the insurance company will consider that a conviction against you and will use it to rate your policy with steep premium increases for the next 3 to 5 years. It will be much more than retaining a lawyer and fighting the citation. It will also appear on your MVR.

An accident infraction is treated differently than a regular non-accident citation. I would never pay a ticket such as yours, I would personally fight these citations. You do what you think is best for you.

The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.

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Posted

I would hire an attorney. Usually you can hire a traffic attorney who will handle your case for a very reasonable fee. Careless driving tickets are often very defensible especially if the drivers of the other vehicles do not show up to testify against you. The officer who wrote you the ticket did not witness the incident, this makes it difficult to sustain a conviction with his/her testimony alone.

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Posted

Hire an attorney and fight this. Why did the person in front just slam on the brakes? It will be helpful to know that.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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Posted

An experienced attorney can probably get you a better deal, but it will come at a monetary cost for hiring them.

licensed attorney in Montana. Your specific state laws may be different.

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Posted

You should request a hearing if you haven't already. You only have 30 days to pay or request a hearing. Hire a traffic attorney for the best result. The most important thing is to get your points withheld. Accident cases are more defensible than speed. Have you already requested a hearing? Were there any injuries?

Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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