QUESTION
Are you likely to beat a traffic ticket for careless driving if an accident was caused by the weather?
Asked on Dec 19th, 2019 on Traffic Violations - Colorado
More details to this question:
I was driving home on the highway at night when my vehicle slid on black ice. I was going 60 miles per hour when the original speed limit is 65 and I lost control of the vehicle and spun across the highway hitting the barrier wall. I didn’t cause harm or damage to anyone or anything just my own vehicle.
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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The definition fo Careless Driving is 'driving in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and otehr attendant circumstances on the roadway'. If it was a single car accident due to bad weather, the prosecutor likely will take the position that you were driving imprudently - too fast for conditions. However, given the facts you laid out there is some chance the prosecutor will offer that if you plead to a reduced charge (possibly a two point offense like defective vehcile) they will dismiss the Careless Driving - and you will pay a fine and court costs and have to agree to pay restitution for any damge to any other entities property that may have been damaged (even things like highway deliniator posts, fences, etc.)
Answered on Dec 20th, 2019 at 7:59 AM