Carless driving ticket for acclerating to fast??

MiamiMuscle · 05-09-2008, 05:44 AM

I got a carless driving citation in miami beach 316.1925 for accelrating too fast even though i didnt even chirp the tires or exceeed the speed limit. The officer thought i was racing another car. I havent had a ticket in almost 2 years , should i take this to court or is it a losing battle?? I really dont wanna lose points, my insurance is high enough as it is. Im considering traffic school but u only get 5 lifetime and im on my 3rd already and would like to save it for an actual speeding offense.

fletcher4u · 05-09-2008, 06:40 AM

been there done that pay the ticket and go to traffic school to avoid the points . thats my

good luck

C5Rick · 05-09-2008, 06:47 AM

Why wait, go to school now. Isn't this ticket the same as a speeding ticket.

Shadow · 05-09-2008, 07:36 AM

Quote:

Originally Posted by C5Rick

Why wait, go to school now. Isn't this ticket the same as a speeding ticket.

NO! Although it's been a while, I believe it carries the same point value, most insurance companies view it differently.

Personally, I'd fight it, but then again, thats me. Speed? If I'm speeding, I'm speeding. Suck it up and pay it.

Careless is and always has been a "catch all" violation unfortunately used to liberally by some to lazy or pissed off to cite the correct statute

316.1925 Careless driving” clearly states:

“316.1925 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.”

FLORIDA STATUTES
http://www.flsenate.gov/Statutes/ind...316/ch0316.htm

(taken from a google answer page)

Did your actions "endanger" anyone?

YOur case "should" be dismissed in court if not before.

Some jurisdictions will allow the state to amend the charge in court, others won't.

I'd give it a shot.

The biggest thing you have working against you is your previous driving history (based upon you statement).

That should only be viewed by the court during the "sentencing" phase if they get that far. Can't guarantee it always happens that way, but it should.

There are several good ticket mill firms in your area that specialize in traffic defense. Might want to contact one of them. The overall cost may end up the same (or higher) but the violations goes away, the points don't show and your resulting insurance premiums dont get jacked! Thats worth a lot more in the long run IMHO

MiamiMuscle · 05-09-2008, 07:37 AM

Quote:

Originally Posted by C5Rick

Why wait, go to school now. Isn't this ticket the same as a speeding ticket.

its the same points as speeding, but i was thinking of taking it to court and maybe i can get off just paying the tick with no points. That way i can save the traffic school for a real speeding ticket. The judge might show mercy on me since i wasnt speeding and the officer made a judgement call that i was racing when in fact the other car made a right turn and just happened to accelereate fast also.

MiamiMuscle · 05-09-2008, 07:41 AM

Quote:

Originally Posted by Shadow

NO! Although it carries the same pint value, the insurance companies view it differently.

Personally, I'd fight it, but then again, thats me. Speed? If I'm speeding, I'm speeding. Suck it up and pay it.

Careless is and always has been a "catch all" violation unfortunately used to liberally by some to lazy or pissed off to cite the correct statute

316.1925 Careless driving” clearly states:

“316.1925 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.”

FLORIDA STATUTES
http://www.flsenate.gov/Statutes/ind...316/ch0316.htm

(taken from a google answer page)

Did your actions "endanger" anyone?

YOur case "should" be dismissed in court if not before.

Some jurisdictions will allow the state to amend the charge in court, others won't.

I'd give it a shot.

The biggest thing you have working against you is your previous driving history (based upon you statement).

That should only be viewed by the court during the "sentencing" phase if they get that far. Can't guarantee it always happens that way, but it should.

There are several good ticket mill firms in your area that specialize in traffic defense. Might want to contact one of them. The overall cost may end up the same (or higher) but the violations goes away, the points don't show and your resulting insurance premiums dont get jacked! Thats worth a lot more in the long run IMHO

Thanks, i might just do that. In fact theres a place called ticket busters that a few buddys of mine have used to much success. I ll let u guys know how i do.

**Rich Z** · 05-09-2008, 12:42 PM

Sounds like a law that has too much leeway based on OPINION, rather that provable facts. I'd fight it. Ask the officer to provide FACTS proving your guilt.

GentleBen · 05-09-2008, 01:14 PM

This sure is discouraging to hear

Since I am still waiting on the outcome of my speeding ticket(first hearing was yesterday)I have been making due with brief bursts of acceleration only, always under the speed limit. Now I find out I can get a ticket for that also.

Starting to wonder what is the point of having a Vette. Just kidding I love me car but it sure is discouraging.

MiamiMuscle · 05-09-2008, 01:17 PM

Quote:

Originally Posted by Rich Z

Sounds like a law that has too much leeway based on OPINION, rather that provable facts. I'd fight it. Ask the officer to provide FACTS proving your guilt.

I want to fight it sooo bad!! But knowing how the system works, I whole heartidly feel its going to just be a losing battle for one simple fact. At the time i had a tuner pluged in and was datalogging and he asked what it was. When i told him it was a tuner and i was logging diagnostics, he wrote on the ticket in the comments "tuner in car- improper (something, i cant make out its not legible and then) racing". He told me i was lucky getting off with just careless and that he could of cited me for drag racing and a couple of other offenses. Lucky for me i kept my seltbelt on or that probably would have been another ticket also. The judge is just going to read tuner and racing and nothing i say after that is going to sway him, especially since racers, mostly sport bikes have been getting a really bad rep around here recently. The officer even told me to tack it to the track if i want to race and said his streets (even though ive been a resident of miami beach for almost 8 years now, but supposidly its his not ours) were not a drag strip. Then he gave me a lecture about deadly crashes, mostly bikes, occouring on an almost nightly basis, which i am more than aware of.

This incident combined with the ridiculous price of gas has just convinved me of what i need to do to avoid going thru this again and ruining my driving record. I am going to buy the best car cover money can buy and retiring my babay from daily use. Instead im going to look for a used or new econimical car or hybrid for my daily driver and only take the v8 to the track. This is my only choice since selling it is not an option. Now i just need to start looking into road courses open to the public in Florida, since ive never been to the track in my whole life. I know Morrosso has a road course, how difficult is it to get on and how expensive?? Also where else can i go?

MiamiMuscle · 05-09-2008, 01:48 PM

Oh by the way, as most of you guys know this was my first post on this forum. I just realized what a horrible first impression I must have made lol. I also have a confession to make, and Im sure Im going to recieve alot of flak for it, but honesty is the best policy and from the post Ive read so far, theres alot of open minded and tolerant people on this forum. ok here goes...

I dont own a Corvette and never have, I currently drive an 07 Dodge Charger srt8. So your probably thinking what the hell am i doing on a Vette forum, well soon as i got home after receiving the ticket, I googled it to see if i can get some sort of advice to determine if i stand any kind of fighting chance. For some reason this forum came up and I was really impressed by some of the responses and advice some of u have given to previous posts. Im a big fan of all muscle cars regardless of manufacturer and have always loved to own a vette, especially the sting ray and z06, but unfortuntaley my financial status has never allowed me to do so. Instead i decided to buy a used srt8 in black which i found at a reasonably cheap price last year and since it has four doors it is the perfect balance of muscle car and grocery getter, i also sold my hood scoop and rear spoiler a week after purchase to maintain a low profile thinking it would avoid negative attention from the cops. Since then the mod bug bit me and i have done everything from long tube headers, cams, heads, tuner and street drag radials. I have too much money invested to sell and the market for v8s is in shamble right now. I want to drive it, but the temptation to speed is too great and the consequences are starting to become too dangerous, especially knowing that you can be arrested at the discreption of the police officer and not only that, I dont want to put innocent people at risk for my adrenaline rush.

I really hope theres alternatives out there where i can get on the track at least twice a month for a reasonable cost, cars are my passion and i would probably become clinically depressed if i didnt hear that sweet purr from my Hemi every once in a while. If worst comes to worst i am even considered applying for citizenship in Germany as a worst case scenario. Its hard to concieve that in the land of the free, we have no open highways like the Autobahn. I love My country with all my heart, but we are sadly headed in the wrong direction and after visting Europe 3 years ago, I realized how far backwards our country is becoming. I met a girl from Estonia that used to live in Russia and she said that she was shocked at how little freedom we have after she vistied here for a whole month. She said that all her friends in Estonia think we are a bunch of braindead idiots that never question anything and go along with every stupid law our government comes up with. She even had a picture book of pictures she took of warnings on stuff like the Mcdonalds coffee "dangerous contents are hot" and vending machines "rocking machine can cause serious injury or death". I had to explain how these were put on these to avoid lawsuits and how The U.S. has more lawyers than the rest of the world combined.

50% of the Autobahn in germany is strictly enforced for speed limits(even more ruthlessly than some parts of Florida beleive it or not) but the system rocks, they base your ticket amount on your current base salary, so it affects everyone the same. Here a rich guy can get a ticket for speeding and its just chump change for him so essentially the rich has a free pass to speed, but in germany i saw a reallly really rich guy in a Porsche get a $20,000 ticket for tailgating lol. Whoever came up with that law is a genius, too bad we dont have that lawmaking common sense here! Instead of raising the penalties even more and making speeding violations a jailable offense that takes up even more space and cost the courts a ridicuous amount of taxpayer money when that moeny could be put to better use to deal with the current crisis, the state could subsidize more local tracks and sponsor driving clinics that teach people how to really drive instead of requiring people to memorize a test. I die a little bit inside everytime i hear a story of how police departments and private corporations are robbing its citizens of its hard earned money by decreasing timing on yellow lights on red light cameras to earn a profit, even when its been proven that this increases rear end accidents and a better solution is to actually increase yellows to prevent fatal crashes. This country is losing its middle class and the thing that made us so great,because politicians only look out for the interest of themselves and their rich buddies. Sorry if this has turned into a rant, but i needed to vent a little lol ok im ready to return to my modding state of mind lol