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Texting and driving

CHARGED WITH CARELESS DRIVING RESULTING IN INJURY OR DEATH?

David B. Harrison June 18, 2019

Many people each year are charged with Careless Driving Resulting in Injury or Death. While this offense seems to be a simple “traffic offense” many complex issues can arise in such cases. The basis of the charge is whether a person was driving in a “careless and imprudent manner, without due regard to” the layout of the roadway and things occurring on the roadway. Besides whether the person was actually driving without “due care”, an issue of “restitution” often arises – i.e. paying for the injured parties out of pocket expenses. We are familiar with cases where a person agreed to plead guilty (without consulting a lawyer) because they were promised no jail time, but then they get a bill from the DA’s “restitution office” for tens of thousands of dollars for restitution (ambulance, ER, X-rays, MRI’s, overnight hospital stay, replacement cost for a bike, etc. – it all adds up). Please consult with us before deciding how to handle such a charge – it can make a big difference.