(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 invalid Volusia County careless driving stop is demonstrated in State v. Fuller. In that case 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. If your driving irritates an officer you will likely be cited for careless driving. As long as no one is endangered the citation will not hold up in court.
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 the officer issues the citation with only careless driving on the citation it can be dismissed based on a lack of a factual basis. If you are stopped for Daytona Beach careless driving Daytona Beach DUI 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 and traffic defense attorney Mr. Pitts is familiar with careless driving stop issues. If you are cited for a Volusia County Careless driving or Seminole County careless driving contact Kevin J. Pitts to discuss your options. Mr. Pitts handles cases throughout Seminole County and Volusia County, Florida.