Florida Careless Driving Cases
In the instant case the defendant spun the rear wheel of the motorcycle for about five seconds which produced a white cloud of smoke.
People were on the sidewalk near the motorcycle but there was no testimony that the life, limb or property of anyone was endangered.
It was alleged that other vehicular traffic was affected, however, no evidence was adduced, other than traffic was slowed.
That occurrence did not place any person or property in jeopardy. Thus, the Court finds that the action described by Officer Mehalka did not constitute careless driving. Fla. L. Weekly Supp. 1020a.
Evidence concerning rear-
Statements made by witnesses to accident which formed basis for accident report were hearsay, and testimony of arresting officer utilizing information found in the accident report failed to present prima facie case against motorist for careless driving. ?State v. Inman, App. 3 Dist., 347 So.2d 791 (1977), certiorari denied 355 So.2d 517.
Police officer's stop of defendant's vehicle for careless driving was pretext for officer's suspicion that defendant had been involved in drug transaction, where, officer could not see vehicle that he had heard spinning its tires and slamming its brakes and did not in fact see defendant's vehicle until 30 seconds after he heard the spinning of tires and slamming of brakes. Robinson v. State, App. 2 Dist., 617 So.2d 412 (1993).
Police officer's observation of defendant driving his vehicle in the dark without any lights and observing vehicle weaving outside its lane of traffic was sufficient to justify stop for suspicion of reckless driving, careless driving, and driving under influence of alcohol. State v. Mahoy, App. 5 Dist., 575 So.2d 779 (1991).
Evidence was insufficient to support finding that juvenile committed charged offense of reckless driving and thus, since careless driving was not a lesser included offense, order withholding adjudication of delinquency and placing him under supervision had to be reversed. C. D. v. State, App. 3 Dist., 356 So.2d 1249 (1978).
Charge of careless driving was not a lesser included offense in more serious charge of driving while intoxicated so as to preclude petitioner's conviction on careless driving charge. Massey v. City of Gainesville, App. 1 Dist., 296 So.2d 64 (1974).
Trial court erred in sentencing defendant on misdemeanor charges, which had been consolidated with a felony charge, to “time served” for careless driving, since careless driving is a noncriminal violation not punishable by incarceration. Olsen v. State, App. 2 Dist., 452 So.2d 147 (1984).