PDA

View Full Version : Careless Driving Ticket



thatmofo
Sun Jun 28th, 2009, 10:04 AM
I got a 4 point ticket for wrecking my bike. If I mail it in this week it will drop to 2 points. Has anyone went to court and had the points reduced below 2 points without a lawyer? What about having it changed from a careless driving to a headlight violation or something like that?

edit: I am 4 points within losing my license.

Cars-R-Coffins
Sun Jun 28th, 2009, 10:16 AM
What's the big deal about getting a 2 pt. ticket? (Unless you're about to lose your license) It's the same amount of points you'd get for speeding 1-9MPH over the speed limit (which everyone does).

Tipys
Sun Jun 28th, 2009, 10:23 AM
I got a 4 point ticket for wrecking my bike. If I mail it in this week it will drop to 2 points. Has anyone went to court and had the points reduced below 2 points without a lawyer? What about having it changed from a careless driving to a headlight violation or something like that?


Mail it unless it is CSPD the most there are gonna drop it is 2points. Unless you fight the whole ticket in with more and more court.

thatmofo
Sun Jun 28th, 2009, 10:25 AM
What's the big deal about getting a 2 pt. ticket? (Unless you're about to lose your license) It's the same amount of points you'd get for speeding 1-9MPH over the speed limit (which everyone does).

I only have 4 points left on my license.

XJ600s
Sun Jun 28th, 2009, 10:31 AM
And then, 4 - 2 = 2 points left!

Seems to me you need to readjust how you drive to begin with if you have 8 points on your license now and just scored an additional 2 points. Oh, and if you only have 2 points left, I wouldn't buy an Busa...but then again, thats just me.

modette99
Sun Jun 28th, 2009, 10:36 AM
..

sugarrey
Sun Jun 28th, 2009, 10:44 AM
Do whatever you gotta do to get the least points possible. If you can fight it do it, being close to losing your license or losing it is a life changing deal (unforutnately I know, 73 tickets thus far). Only 1 in the last 5 years though so I have most definitely learned my lesson over the years. I have been suspended and revoked more times than I can tell you. My abstract is 3 pages long. I was an idiot 4sho.

Fight it, school, whatever you gotta do. Just don't lose it!

rforsythe
Sun Jun 28th, 2009, 10:51 AM
If you go to court, with your driving record you are not leaving there without some points. IMO, mail it in and slow the fuck down. It'll be cheaper than the court fees, probably have the same outcome, and you know you have your license if you can control yourself in the future. If you go to court you do run the chance of all 4 points being upheld, and then you're in a bad way.

If it was just gravel in a turn and you slid/skidded an appropriate distance for the speed I'd think the cop would take that into consideration. None of us know what happened here, but I suspect the cop had a reason to give you the careless driving ticket and likely noted as much on the back (the part you don't see, but the judge does). Carefully consider what you were doing and whether you think you can successfully bullshit your way out of this one, and whether it's even worth it for 2 points.

derekm
Sun Jun 28th, 2009, 10:53 AM
I wrecked my near new 2001 R1 back then, I received that same 4 pt careless from Littleton's finest. w/o a lawyer da knocked it down to a 2 pt defective... but I had ok record w more than 4 pts I'm sure.

Tipys
Sun Jun 28th, 2009, 11:05 AM
Also any bike drop in Colorado can get you a Careless driving ticket. Funny how a car can hit a curb in the snow and not get a ticket at all. But we fall on sand and its a ticket.

= Buckeye Jess =
Sun Jun 28th, 2009, 11:14 AM
The cop threatened me with a careless during my gravelly lowside but I was able to sweet-talk my way down to a failure to remain in my lane (2 pts). I mailed it in on time and got it reduced to 1 point. The cop did make it clear that this was my best option (and kind of made it seem like I would go nowhere by going to court. He knew I was steamed for getting a ticket in the first place.) BUT... I also had a clear record up to that point.
I'm not sure I would risk taking it to court in your case. You have to remember that there is a good chance the judge will look at your record and wonder why he should do you any favors. You have a 50/50 shot of losing your license if you push the issue. How lucky do you feel? Is it worth the roll of the dice? Methinks you should just mail it in and ride/drive as if you only have 2 damn points left. Very, very few and far between are the cases where NO points get handed out - I can't imagine you'll be one of them with all of the points you already have. IMHO

thatmofo
Sun Jun 28th, 2009, 11:20 AM
I wrecked my near new 2001 R1 back then, I received that same 4 pt careless from Littleton's finest. w/o a lawyer da knocked it down to a 2 pt defective... but I had ok record w more than 4 pts I'm sure.


That's the only thing I want to do is have it dropped to a 2 pt defective headlight or taillight etc. so it doesn't show up as a careless driving ticket on my record.

Tipys
Sun Jun 28th, 2009, 11:22 AM
That's the only thing I want to do is have it dropped to a 2 pt defective headlight or taillight etc. so it doesn't show up as a careless driving ticket on my record.


only tickets I know that they change what you did is a ticket from CSPD.

raptor7887
Sun Jun 28th, 2009, 05:23 PM
every ticket i've had reduced you plead guilty to a lesser charge and the other one gets thrown out. so to get the 2 points by mailing it in your gonna be pleading guilty to something like defective vehicle or 1-9 over the limit so thats what will show up on your record... might wanna read the letter they send you in the mail carefully to see what the other charge is... that reminds me, i gotta send my ticket in lol

kawasakirob
Sun Jun 28th, 2009, 07:45 PM
I've recieved a few careless driving tickets.....say what you want. At least it is not a reckless driving ticket. Mail it in and it in. They are not that bad. Bunch of crap. If wrecking your bike is not a big enough fine, here is this ticket. I laugh at cops when they hand out improper mountain driving tickets to people that are in the ditch with a busted car. How big of an asshole can they be it seems.

Nick_Ninja
Sun Jun 28th, 2009, 08:01 PM
Good luck.

Graybird
Mon Jun 29th, 2009, 07:07 AM
CRS 42-4-1402. Careless driving - penalty. State Statutes - CRS
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.

So the question is... Are you guilty?

MetaLord 9
Mon Jun 29th, 2009, 07:29 AM
Mail it. 2 points garanteed vs. 4 pts, no license, and a fight

BlueDog
Mon Jun 29th, 2009, 12:44 PM
What were the circumstances of your accident?

Devaclis
Mon Jun 29th, 2009, 12:47 PM
Tell them you couldn't "careless"

Horsman
Mon Jun 29th, 2009, 12:56 PM
Just tell the Judge you were going with the flow of traffic...
http://i490.photobucket.com/albums/rr268/tjryait/death%20race/death-race-20080604053748037.jpg

they might take you down to 1 point plus you must do a day at the Funny Films:
http://westpt.sam.usace.army.mil/MVC-016S.JPG

Mental
Mon Jun 29th, 2009, 03:52 PM
Old Knee Dragger, rider extrodiare and shall we say "older' gentleman, business owner and engineer has a 95 pound brain. He lost his bike on sand pulling out of a gas station and some local freaked and called the cops before he could leave. He got hit with that ticket and went to a court. He presented a very professional case pionting out the sand, had an explanation regarding traction, as well as the city of Pueblo's failure to provide him with an adaquete road surface.

If you ever met OKD, you can bet it was spot on, professional and that he went in with the right respect for the judge and court. He would have logical. He also would have know exactly what he was talking about.

He lost.

The judge simply said "You don't not lose control of a vehicle, you give it up."

Mail the ticket, slow down and count your days. Otherwise, you will end up frustrated, down quite a few dollars and in the same boat you are now.

Cars-R-Coffins
Mon Jun 29th, 2009, 05:21 PM
The judge was right and you are right, mail it in and be extra careful until some points go back on your license.

kawasakirob
Mon Jun 29th, 2009, 10:15 PM
Burn it and ride to Turkey.

BeoBe
Mon Jun 29th, 2009, 11:11 PM
What about having it changed from a careless driving to a headlight violation or something like that?

Im not sure if im just missing details in your message here or not but im kinda lost as to how you think you might be able to get a careless down to a headlight violation? i mean yea you might get it knocked down but nothing that serious will drop to something that minor really.

You do have a chance of getting it dropped down or dismissed if you go to court with/without a lawyer but in order for us to really make any kind of assumption when it comes to that we have to know a little bit more about your incident/accident.

I mean we got that you wrecked and got a careless but im still lost on wanting or thinking it would drop unless that was just a figure of speech.

So right now all i can say is give a little bit more details, also going to court and even getting it dropped depends souly on your record to the judge.. As by the looks of you already having several moving violations that would cause you to only have 4 points remaining on your license the chance of the judge giving any kind of sympathy is rarely likely and you have a good chance of getting suspended etc..

My personal advice at this point with the lack of info that you have provided but your wants/needs in this situation your better off with only having 4 points left to just pay the ticket early and admit guilt and only lose 2 points and have 2 points and still be able to drive rather then walking into the court system with a driving record and no lawyer and literally "walking" out without a license for god knows how long..

As i said, give a little more advice and we can do the same..

kawasakirob
Mon Jun 29th, 2009, 11:15 PM
When you get a 4 point ticket and then mail it in, it is mostly referred to a 2 point violation such as a vehicle infraction. A vehicle infraction stays on your record for 7 years where a speeding ticket will stay up to 9. Instead of writing a 2 point speeding ticket, they generally write you up for a lesser violation if you pay the fine on time.

BeoBe
Mon Jun 29th, 2009, 11:15 PM
Also any bike drop in Colorado can get you a Careless driving ticket. Funny how a car can hit a curb in the snow and not get a ticket at all. But we fall on sand and its a ticket.

This is not true, any vehicle you can get a careless but it really depends on the situation of your accident whether or not the officer is going to actually write you the citation for this. If you were obviously a moron and it happened to do your own fault then yea most likely you will..

If your stupidity caused another vehicle to be invovled in the accident then yea you will most likely be cited with a careless driving citation.

If you simply lay your bike down, lose control on sand, get a flat and lose control etc and are able to keep level headed and cause as little problems as possible, the chances of you actually getting a careless driving ticket are very thin..

Also it depends on the hate level of the officer, lets face it cops are people and yes some people hate bikers whether they are cops, construction workers, cooks, waiters etc... shit happens..

But as for the statement above no.. that is not true.. and what i said goes for cars as well.. if you dont involve another vehicle in your accident due to snow etc you have a very low chance of getting cited for careless.

kawasakirob
Mon Jun 29th, 2009, 11:16 PM
I got pissed one day in the police office and was set straight.

BeoBe
Mon Jun 29th, 2009, 11:19 PM
When you get a 4 point ticket and then mail it in, it is mostly referred to a 2 point violation such as a vehicle infraction. A vehicle infraction stays on your record for 7 years where a speeding ticket will stay up to 9. Instead of writing a 2 point speeding ticket, they generally write you up for a lesser violation if you pay the fine on time.

Unless in his case.. A careless driving stays on your record for the rest of your life

Ceez
Mon Jun 29th, 2009, 11:23 PM
Unless in his case.. A careless driving stays on your record for the rest of your life


+1..I got a careless driving ticket for hitting a blind guy....its on there for good.

BeoBe
Mon Jun 29th, 2009, 11:27 PM
yea my dad got one in his semi that was kinda bogus but yea..

He was in his semi loaded fully which is pretty tough to stop at that point, was cruising down the road going out of town, had a semi and traffic in the right lane, and semi and traffic in the left side turning lane..

Had a girl in the car in front of him, the light turned yellow and she slammed on her brakes to avoid running a read light.. well my dad was too close to her and couldn't stop in time and hit her in the ass and got a careless driving placed on his record..

As a semi driver these are really bad because most trucking company insurance companies will not keep a driver employed with it on their record.. so he was terminated from his job and it kept him from landing another really good job..

So yea, in all honestly (again depending on your whole story) If you dont go to fight for the points i would def look into an attourney and see about getting it dropped down to something like maybe some kind of traffic ticket. Im not sure if you may need to get an sr-22 for something like a careless driving.. you might want to contact your insurance provider and find out what a careless will do to you insurance wise.

Matt
Tue Jun 30th, 2009, 06:37 AM
+1 on the idea that you should mail in the fine, take the 2 points, then reassess your riding. You might even want to give up riding until your record clears up.

BeoBe
Tue Jun 30th, 2009, 03:36 PM
+1 on the idea that you should mail in the fine, take the 2 points, then reassess your riding. You might even want to give up riding until your record clears up.

Like i said after thinking about it i would not recommend that you do this until you consult an attourney due to the fact that this is a careless driving citation.. And i would also contact your insurance provider as well to see if this is going to jump your rate or even cause you to require like an sr-22 cause i think it might..

If so i would pay a lawyer and go to court and try and fight it down from careless.. IMO it would be worth it to keep something like that off your record..

I am dying to hear the whole story though, fill us in already

Zach929rr
Tue Jun 30th, 2009, 06:59 PM
If you simply lay your bike down, lose control on sand, get a flat and lose control etc and are able to keep level headed and cause as little problems as possible, the chances of you actually getting a careless driving ticket are very thin..

And may I add, if you lay your bike down and it still runs, get your ass home or just out of the area in general. I'm not sticking around if my bike is still able to run. Tuck your undertail in your backpack and hope no one called it in. Of course, I'm speaking strictly of an incident with no other vehicles involved.

Ricky
Tue Jun 30th, 2009, 07:04 PM
You've wrecked/dumped/dropped a bike more times in the last year than I have in my entire lifetime.

And you wanted to start out on a liter bike...

Ricky
Tue Jun 30th, 2009, 07:22 PM
Oh noes! You insulted my initial purchase of 929cc motobike! What ever will I do with my life now?

So what's your point?

I hope you don't think I was talking to you... Because I wasn't. I was talking to thatmofo.

Zach929rr
Tue Jun 30th, 2009, 07:38 PM
LOL! I've made an ass of myself now. :lol:

Statement retracted.

Tipys
Tue Jun 30th, 2009, 08:05 PM
Beobo court in for a Colorado Springs PD issued ticket is kinda odd. Which is wear he is getting this idea of pleading down what the charge is. I have had a 4 point speeding ticket dropped to a 1point defect headlight another 4 point speeding drop to a 2 point unsafe vehical. Just by showing up to court not even trying to fight it. Now I had a red light ticket (the yellowest red I have ever seen) From an El Paso Sharffi went to the El Paso court and it was drop from a 4 point failure to obsevise traffic control device to a 2 point failure to obsevse traffic control device.

Now Rob you need to talk to the DMV 7year and 9 years is bullshit. Any voilation other then DUI will stay on your record for 2 years. You can also ask for 0 point voilations to be removed off your record. DUI is 10 years.

BeoBe
Tue Jun 30th, 2009, 08:24 PM
I have had a 4 point speeding ticket dropped to a 1point defect headlight another 4 point speeding drop to a 2 point unsafe vehical. Just by showing up to court not even trying to fight it. Now I had a red light ticket (the yellowest red I have ever seen) From an El Paso Sharffi went to the El Paso court and it was drop from a 4 point failure to obsevise traffic control device to a 2 point failure to obsevse traffic control device..

Ok everything you just said above were minor traffic offenses, speeding and running a red light etc are about as minor as you can get when it comes to traffic tickets aside from a simple warning or defective ticket warning. In this guys case you are talking about a careless driving ticket which is a rather major offense when it comes to traffic citations. I do thank you for clearing up what he was thinking.. But i give you 1 in a 1,000,000,000 chance that a judge will ever drop a careless driving charge down to a broken headlight charge.


Now Rob you need to talk to the DMV 7year and 9 years is bullshit. Any voilation other then DUI will stay on your record for 2 years. You can also ask for 0 point voilations to be removed off your record. DUI is 10 years.

Now i can't speak right off the bat without checking this out when it comes to a 0 point traffic enfraction. Depending on your comment whether it is strictly traffic speaking or in general this is true and not true. Anything you get will always be on your record no matter what it is.. Now when it comes to say your CBI check etc it will only show any and all (aside from sealed juvenile records) offenses non traffic.

As for your statement about only DUI traffice offense etc being what stays on your record longer then 2 years or even 7 or 9 years is false.. again careless and wreckless driving citations will stay on your permanent driving record regardless if its motorcycle/auto/commercial. Given now this doesn't really matter as all endorsements are on one drivers license rather then before your commercial and auto were 2 different licenses.

My honest opinion going to court and getting a 4 point ticket that is NOT careless driving and take a suspension for a little bit (which to be honest with your driving record and lack of points might not be a bad idea) is alot better idea then sending in a guilty plea with your ticket and knocking it down to a 2 point ticket but having that careless on your record..

I mean its all personal opinion really but again i would check with your insurance etc before you make any decisions.

thatmofo
Tue Jun 30th, 2009, 08:24 PM
I mailed the ticket in.

Tipys
Tue Jun 30th, 2009, 08:33 PM
Ok everything you just said above were minor traffic offenses, speeding and running a red light etc are about as minor as you can get when it comes to traffic tickets aside from a simple warning or defective ticket warning. In this guys case you are talking about a careless driving ticket which is a rather major offense when it comes to traffic citations. I do thank you for clearing up what he was thinking.. But i give you 1 in a 1,000,000,000 chance that a judge will ever drop a careless driving charge down to a broken headlight charge.



Now i can't speak right off the bat without checking this out when it comes to a 0 point traffic enfraction. Depending on your comment whether it is strictly traffic speaking or in general this is true and not true. Anything you get will always be on your record no matter what it is.. Now when it comes to say your CBI check etc it will only show any and all (aside from sealed juvenile records) offenses non traffic.

As for your statement about only DUI traffice offense etc being what stays on your record longer then 2 years or even 7 or 9 years is false.. again careless and wreckless driving citations will stay on your permanent driving record regardless if its motorcycle/auto/commercial. Given now this doesn't really matter as all endorsements are on one drivers license rather then before your commercial and auto were 2 different licenses.

My honest opinion going to court and getting a 4 point ticket that is NOT careless driving and take a suspension for a little bit (which to be honest with your driving record and lack of points might not be a bad idea) is alot better idea then sending in a guilty plea with your ticket and knocking it down to a 2 point ticket but having that careless on your record..

I mean its all personal opinion really but again i would check with your insurance etc before you make any decisions.


I was not aware that careless stayed on your record for any longer then normal.

And also opps brain fart DUI is on your record for life.

Nick_Ninja
Tue Jun 30th, 2009, 08:40 PM
I mailed the ticket in.


/thread

BeoBe
Wed Jul 1st, 2009, 12:02 AM
I mailed the ticket in.

did you at least take any advice given to you? i mean at least checking with your insurance company?

BeoBe
Wed Jul 1st, 2009, 12:07 AM
Also any bike drop in Colorado can get you a Careless driving ticket. Funny how a car can hit a curb in the snow and not get a ticket at all. But we fall on sand and its a ticket.

42-4-1402. Careless Driving. (1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.

like i said.. you already admitted your guilt and its too late to do anything else further from this point.. but could you at least clear up to everyone what exactly happened?

BeoBe
Wed Jul 1st, 2009, 12:16 AM
I mailed the ticket in.

http://forums.beyond.ca/showthread/t-119752.html

Careless Driving (Traffic Safety Act section: 115(2)(b)) (Demerits: 6) *considered as a serious conviction*

Surcharges for serious convictions:

one: 25%
two: 50%
three: 100%
four: 200%
five: 400%
six: 800%
for each additional conviction, double the preceding percentage


http://site2.wikianswers.com/templates/images/qbar_q.gif?v=47938How much can a careless driving ticket increase insurance


http://site2.wikianswers.com/templates/icons/abar_a.gif?v=47938
Answer


it just so happens that i just got off the phone with my wife's auto ins. company and i asked this exact question. you should know that my wife has full coverage and the policy is just hers, no one else in on it. she has 2 points on her record for speeding in a school zone, a $180 fine in Indiana. as most of you reading this know these things probably vary by state and ins. company. her TWO points are costing her about $800 more a year!!!!!!!!!!!!!!!! at this moment, i, am not a happy man. This is a prime exapmle of why the fee of a lawyer or a paralegal will be worth it in the end!

This is just a couple things that i found in like 2 min on the internet.. I really hope you at least spent 2 min on google to read up on your charge that you just admitted guilt to before you dropped that check into the mailbox.. If not, well due to just the 2 things above, you might want to call your insurance company and tell them you just sent in an admittance payment to the court system for careless driving and find out what your insurance is going to jump too..

Please if it did go up shoot back an update so next time someone has this issue we can refer them to this post to see what could happen..