The state of Florida recently stepped up efforts to combat dangerous driving practices by classifying a new kind of careless driving: aggressive careless driving. Drivers may end up charged with aggressive careless driving by committing more than one traffic offense. Here is a look at how the concept of aggressive careless driving works.
Florida statute 316.1923 defines aggressive careless driving as a driver engaging in two or more traffic offenses either at the same time or one after the other. If you commit a single traffic offense, such as speeding, you may only be charged with careless driving. However, if you are found to have committed two violations together or nearly together like speeding and then failing to yield the right of way to a pedestrian, you may be cited for aggressive careless driving.
State law defines a number of different traffic offenses that, if committed at or about the same time, could qualify together as aggressive careless driving. These include speeding beyond the posted speed limit, following too closely behind another vehicle, not yielding the right of way, passing in an improper manner, failing to heed traffic signal and control devices, and not changing lanes in accordance with the law. All of these offenses are already defined in existing law and charges will be levied according to their requirements.
The fact that aggressive careless driving is made up of multiple offenses makes it important that the validity of each offense be established. If all but one traffic offense is thrown out, a driver cannot be charged with aggressive careless driving since there are no longer multiple driving violations involved. Asking a knowledgeable attorney for guidance may help you to understand all your available options.
The information presented in this article is intended only to educate and should not be interpreted as legal advice.