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Q:     Am I allowed to file a motion to dismiss a traffic citation for careless driving in Volusia County, Florida?   I was cited for careless driving because my tires lost traction while waiting to… Scroll down to read more!

Q:     Am I allowed to file a motion to dismiss a traffic citation for careless driving in Volusia County, Florida?   I was cited for careless driving because my tires lost traction while waiting to advance at a stop sign. The officer also wrote “careless driving, spinning tires” on the citation. A light drizzle of rain had stopped 7 minutes before the loss of traction occurred, which I have verified with precipitation data for that date and time. My car was overheating due to unusually heavy traffic for the intersection, and I was holding the idle at 2000 rpm’s. I wasn’t attempting to “spin my tires” as some display of speed. In spite of the fact that there was a vehicle only 3 feet from my bumper, I did not contact any vehicle or even move forward as a result of the wheel spin. I would like to file the motion because I feel like this officer is wasting mine and the court’s time over a false charge.
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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/am-i-allowed-to-file-a-motion-to-dismiss-a-traffic-1337622.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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6 lawyers agreed with this answer

Jennifer Ann Synnamon
Jennifer Ann Synnamon
Speeding / Traffic Ticket Lawyer – Orlando, FL
John Joseph Joyce III
John Joseph Joyce III
Criminal Defense Attorney – Lake City, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
LeRoy E Costner
LeRoy E Costner
Speeding / Traffic Ticket Lawyer – Orlando, FL
Andrew Stephen Roberts
Andrew Stephen Roberts
Speeding / Traffic Ticket Lawyer – Thousand Oaks, CA
Michael Lawrence Doyle
Michael Lawrence Doyle
Criminal Defense Attorney – Philadelphia, PA

” href=”http://www.avvo.com/legal-answers/am-i-allowed-to-file-a-motion-to-dismiss-a-traffic-1337622.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>6

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Answered In FL “careless driving” means failing to operate a vehicle in a careful and prudent manner with regard for the width grade curves, corners, traffic and all other attendant circumstances so as to not endanger the life limb or property of another. It usually requires some combination of actions (like spinning your tires and hitting the car in front of you) and not just one violation.

It is doubtful (make that extremely unlikely) that a traffic division judge will hear a Motion prior to the time of trial. You will likely have to make your motion in trial after cross-examining the officer (to establish that your roadrunner tire spin move did not endanger the life limb or property of another and that the State has therefore failed to prove an essential element of the offense), but you should know that Judges tend to give a wide berth to CD charges. Still, spinning tires without more, (like an accident – however minor) should not constitute a CD charge (there is a specific statute for that – 316.154).

All this said your interests are almost always going to be best served by hiring and having a trained ticket lawyer handle your case. Ticket lawyers are generally intimately familiar with the law, defenses and perhaps more importantly, with the Court and the cops. You should receive (or have received) several solicitations from ticket attorneys shortly after being cited, but if not, then google “Daytona Beach Ticket Lawyer” and you will have plenty to choose from.

Either way best of luck.

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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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