Carless driving ticket for acclerating to fast??

[MiamiMuscle]

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]

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

[C5Rick]

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

[Shadow]

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]

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]

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.

[MiamiMuscle]

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.

[Guro305]

Originally Posted by MiamiMuscle

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.

Hold up, you're from Miami and asking this question? Come on man, Ticket Clinic is $60 in Miami-Dade. Pay them the $60 and kiss the ticket good-bye.

What were you thinking anyway? Cops on Miami Beach give tickets for "cruisin'". Just knowing that, you should always be cognesant of them everywhere and not do anything to get their attention.

[MiamiMuscle]

Originally Posted by Guro305

Hold up, you're from Miami and asking this question? Come on man, Ticket Clinic is $60 in Miami-Dade. Pay them the $60 and kiss the ticket good-bye.

What were you thinking anyway? Cops on Miami Beach give tickets for "cruisin'". Just knowing that, you should always be cognesant of them everywhere and not do anything to get their attention.

Are u telling me!!! lol I never do anything over 35 on the beach ever, under any circumstance. This happened on 5th street in front of the Burger King at the last light before the causeway. This is basically an on ramp to those familair with the area. The speed limit even changes from 35 to 40 i beleive and i still was going under 35 at the time of the stop. If anything i should have gotten a ticket for driving 5 under the speed limit, if theres such a law. which i wouldnt be surprised if there was after getting ticketed for this BS. The Police here doesnt even patrol the neighborhood streets anymore they are soo concerned with traffic tickets. Just last week I saw a couple of lil hoodlums no older than 15 breaking into a parked car about 3 blocks from my house, i scared them away and immediatly drove to a patrol car i passed that was stopped making a traffic stop not too far away and parked behind him to tell him what i saw. When i pulled up behind him, i turned my emergency lights on and was about to get out and he yelled at me to move and that i couldnt park there lol i then got out anyways and told him what i saw and he asked if my property was affected, i said no and he said he would look into it. It almost seemed like he didnt even care he was soo busy writting his ticket, i went home parked my car and decided to take a walk around the block incase i saw them again so that i could point them out to the police i was sure was on there way in numbers. Guess what?? about 15-20 minutes later i saw a marked patrol car make about 2 quick laps around the block and then he pulled onto Harding ave and next thing i know he was pulling someone over because i heard his siren and saw him follwing a car with his lights on as he passed the intersection i was walking on. I felt like going up to him and saying "thats it!! your giving up that fast??", but i didnt even bother, id probably get arrested for harrassing a law officer or vigilante or some other trumped up charge just to get me off his back. i bet u that officer doesnt even live in my neighborhood, youd figure they would be contributing to society, instead of being a drain on it.

Also Rich, you make alot of excellant points and I applaud you for running such a truly free forum where people can speak their minds and engage in an intellectual discussion without any of the negativity found in other forums. i agree that everyone should have a say, wether i agree with them or not, as long as its free of immature name calling and people stick to the facts. You should consider starting another thread consisting of all V8 modern American muscle cars. Im sure more than a few of the openminded charger forums members would become a member in a heartbeat after meeting some of the great members i have been fortunate to cyber meet on here. After reading several posts on here, i have to admit, you guys have a really tight knit family type atmosphere going on here, kind of reminds me of LXforums, too bad we are both seperated by our choice of cars. Im sure some of those guys would find alot in common with a few people that have commented on this post, including you Rich. Your site rocks, thanks guys for all of the advise. I still havent decided what im going to do, most probably just take take whatever they offer me in precourt as long as it doesnt involve any points being deducted. if i change my mind and decide to fight it till the bitter end, ill make sure to come back on here and update u on the outcome, once again thanks everybody, c'yall around.

[Shadow]

Also Rich, you make alot of excellant points and I applaud you for running such a truly free forum where people can speak their minds and engage in an intellectual discussion without any of the negativity found in other forums

...i have to admit, you guys have a really tight knit family type atmosphere going on here

Thats what makes this place what it is How many other sites would you find the mods "debating" with the administrator? Really funny part is, we do the same in real life
It really is more of a family here We can debate and disagree all day long, yet ask for or need help and see who comes to your aid. I called one of the guys here a few weeks ago when my 87 tossed the serpentine belt Needed a tool I didn't have in my bag In 15 minutes he was on scene and in a half and hour we were done...including the run to Autozone for a new beltDoesn't get any better than that!

As far as the "Brilliant idea"I wouldn't hold my breath. No one wants big brother looking over thier shoulder all day, even the police. Although I see the positive side of the proposal, the safety and validation issues, the PBA, as you said, the Lawyers lobbyist and probably some other groups would be all over such a proposal like a fly on doo doo.

It would however, I firmly believe, reduce the back log in the courts, the unnecessary court cases (on both sides) and I think to a degree, improve the publics perception of the police by helping to validate thier (LEO's) observations.

i dont like paying anyone to do anything i can do, its the reason i change my own oil, cut my own lawn, paint my own apartment etc

I know what you're saying, but there's somethings better left to the professionals I go out and work my arse off doing what I do best, so I can pay those that do what they do best to do thier best for me

requires a specific helmet thats "something" approved ( i cant remeber right now). Does anyone know a good place to pick one of the up in south florida and a good safe,but affordable, brand/model they can recommend

SNELL/ANSI ratings. It's the safety and impact rating given to safety equipment and helmets. Get the latest and the highest rating you can find. The more recent the better. As far as cost/brand, of course the standards, Bell, Shoei and such are always a good bet. There are several helmet manufacturers out there that produce a quality product. Go to your local motorcycle dealership/equipment store (crotch rocket dealer preferably) and ask them. They'll have what you need. I would generally suggest NOT buying used unless you know the previous owner and thier habits. FOrget the health issues, you can clean the liners on most. The safety issue is a bigger concern. Was the helmet ever dropped (hard)? Was the helmet and inside taken care of? And how old is the helmet.

But ask the crotch rocket riders. They're a good resource for such information and suppliers.

As far as cost, you only have one brain. I'd suggest spending what you think your brain is worth. This truly is an area where you don't want to skimp on quality.

And $200 for a track day is very resonable

COme on back (or stick around) as much as you like. You're always welcome here...

Gordon