PC §702 - CARELESS DRIVING
CLASS E MISDEMEANOR
(a) Definition
Careless driving is the operation of a motor vehicle without the degree of care and attention required to ensure the safety of others and property, but falls short of the recklessness required for a charge of reckless driving.
(b) Elements of the Offense
The following elements must be met to constitute careless driving:
The defendant operated a motor vehicle on a public roadway.
The defendant's actions demonstrated a lack of due care or attention.
The defendant's conduct created an unreasonable risk of harm, although not to the extent required for a charge of reckless driving.
Examples of Careless Driving Behavior
(a) Careless driving behavior may include, but is not limited to, the following:
Failing to yield the right-of-way to other vehicles or pedestrians.
Following other vehicles too closely (tailgating).
Changing lanes without signaling or checking blind spots.
Distracted driving, such as texting or talking on a cell phone while driving.
Failure to adjust driving behavior to road or weather conditions, such as driving too fast in adverse weather.
(c) Defenses
(a) It shall be a defense to a charge of careless driving if the defendant can prove that their actions were not careless or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.
(b) Lack of evidence of careless driving behavior, such as witness testimony or physical evidence, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing an accident resulting in property damage or injury to others, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
OFFICERS DESCRETION ON IT BEING ARRESTABLE.
JAIL TIME
20 SECONDS OF JAIL TIME.
BOND SET
$2,000.00
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