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

Asked 9 months ago - 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)

  1. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

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    Answered . 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... more
  2. Mark S Urban Jr.

    Contributor Level 6

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    Answered . 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.

  3. Robert Jason De Groot

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    Contributor Level 20

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    Answered . 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... more
  4. Justin Gary Hausler

    Contributor Level 16

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    Answered . 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... more
  5. Martin W. Judnich

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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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