Careless Driving With an Accident License Suspensions

Careless Driving With an Accident License Suspensions – A Lawyer’s Perspective

Getting into a car accident is scary enough. But when you’re cited for careless driving and your license gets suspended, it can turn your whole world upside down. As a lawyer who defends clients accused of careless driving, I’ve seen how devastating these charges can be. In this article, I’ll break down everything you need to know about careless driving charges, license suspensions, and how an attorney can help.

What is Careless Driving?

Careless driving is when a driver operates a vehicle in a careless or negligent manner that endangers people or property[1]. It’s a traffic violation, not a criminal offense. But it can still carry serious penalties like fines, license suspension, and points on your record.

Some examples of careless driving include[5]:

• Speeding or driving too fast for conditions
• Improper passing like unsafely passing on a two-lane road
• Failure to yield the right of way
• Driving distracted or while impaired
• Following too closely behind another vehicle

Unlike reckless driving which requires intent, careless driving is caused by a driver’s inattention or negligence. You can be cited even if you didn’t mean to drive dangerously.

License Suspension for Careless Driving

If you’re cited for careless driving, your license may be suspended. How long the suspension lasts depends on a few factors:

• If there was an accident – A careless driving citation will automatically lead to a minimum 90 day suspension if the accident caused serious bodily injury or death[2]. No exceptions.
• Prior offenses – Multiple careless driving citations in a short time period can result in longer suspensions.
• State laws – Some states mandate suspensions for careless driving while others leave it up to the judge’s discretion.

In my experience, first-time offenders with no accident usually face a 30-60 day suspension. But any accident related citation means at least 90 days without driving privileges.

The Impact of Losing Your License

Losing your license even for just a month or two can completely disrupt your life. Most people depend on driving to get to work, school, childcare and more. A suspension means you’ll have to rely on others for rides, use public transportation, or pay for a taxi. This can get very expensive very quickly.

Some other consequences of a suspended license include:

• Job loss – Many jobs require a valid license, so you may end up unemployed.
• Insurance hikes – Your auto insurance rates will likely increase significantly.
• Future citations – Driving on a suspended license leads to criminal charges.
• Probation violations – It may violate probation terms and send you to jail.

As you can see, license suspensions create a terrible ripple effect. Even a short 30 day suspension can negatively impact your life for months or years down the road.

Fighting the Citation

If you’re cited for careless driving, don’t just pay the fine and accept the suspension. Consulting with a lawyer may help you avoid a conviction altogether or reduce the penalties.

Here are some defenses an attorney may use:

• Lack of evidence – Often the officer doesn’t witness the alleged careless driving. Without solid proof, the charge may get dismissed.
• No danger caused – If your driving didn’t actually endanger anyone, then it doesn’t meet the definition of careless driving.
• Mitigating circumstances – Factors like bad weather or swerving to avoid an accident can sometimes justify otherwise careless actions.
• Invalid traffic stop – Evidence from an illegal stop may get thrown out of court.
• Negotiation – In many cases, an attorney can negotiate a plea deal to a lesser offense with no license suspension.

Don’t just pay your ticket and accept the consequences. Meet with a lawyer to explore your options. Even if the evidence seems stacked against you, an experienced attorney may find ways to get the charges reduced or dismissed.

What to Do After an Accident

If you’re in an accident, here are some tips:

• Remain at the scene – Leaving can lead to criminal hit-and-run charges[4].
• Check for injuries – Render aid if anyone is hurt. Call 911 immediately.
• Gather info – Exchange insurance and contact details with other drivers. Get witness names too.
• Take photos – Use your phone to photograph damage, skid marks, and the accident scene.
• Give a statement – Be cooperative but don’t admit fault. Say as little as possible until you speak to a lawyer.
• Report the accident – You’ll likely need to file an official report with the police.
• See a doctor – Get medical care even for minor injuries to document them.
• Contact your insurance – Inform them of the accident right away.

Following these steps can help protect your rights and avoid additional charges. Having a lawyer to call for guidance can really help reduce stress after an accident.

Working With a Lawyer

If you’re cited for careless driving or charged after an accident, working with a lawyer can be invaluable. Here’s how an attorney can help:

• Explain the law – They’ll outline the exact charges against you, possible penalties, and defense options.
• Gather evidence – An attorney can collect police reports, witness statements, photos and other evidence.
• Negotiate – Lawyers routinely negotiate careless driving citations down to lesser offenses.
• Go to court – If negotiating fails, they can build a strong defense and represent you in court.
• Avoid suspensions – In many cases, an attorney can prevent a license suspension entirely or limit it to 30 days.
• Manage fines – They may be able to reduce fines and fees or set up payment plans.
• Handle insurance – Lawyers can communicate with insurers and maximize your settlement after an accident.

Don’t go it alone against careless driving charges. An experienced lawyer can advocate for you and help mitigate the consequences. They know how to navigate the system to get you the best possible outcome.