Careless Driving / Trial / Evidence / Cross-Examination / Traffic Court / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

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.