Distracted While Driving - Traffic Law Questions
Have you received a ticket for rear ending the car in front of you? Or were you distracted by something and failed to stop at a stop sign? Being distracted while driving can not only cause you to get a traffic violation you could cause harm to another person or worse. If you find you are in need of legal assistance, contact verified legal Experts who are available online.
Read below where legal Experts have answered questions for other drivers like you.
What is distracted driving?
Distracted driving can be defined as any person driving while performing other activities that take the drivers attention away from the road. Visual, manual, and cognitive are the three main classifications of distracted driving. Visual is defined as taking the eyes off the road, manual is taking hands off the wheel, and cognitive is anything taking the mind off of driving.
What can be expected when going to court if a person was driving while distracted and received a speeding ticket?
When you are called up at court in front of a judge you will be asked to enter a plea of guilty, not guilty, or no contest. You may be offered a plea bargain in exchange for entering a guilty plea. The court will often allow an explanation if no contest or guilty is given and may take that into consideration. If you do not want to enter a guilty plea or no contest and want to fight the ticket then you can plead not guilty and get a trial.
What plea should be given if a person was issued a ticket for failure to obey a stop sign that resulted in an accident because they were distracted by a deer?
There are three outcomes that can be considered. The pleas include:
- No contest – This plea will resolve the case that same day. It is not admitting guilt or innocence. It is just a way of resolving the case because it’s in the person’s best interest. The judge will look at the person’s driving record and give an appropriate sentence which could include points on the person’s driving record, fines, etc.
- Not guilty – This plea will ensure that there is a trial. There the judge will hear the facts, witnesses (if any) can be subpoenaed, and evidence can be submitted. If witnesses do not show up or the person cannot be placed as the driver then the case can be dismissed.
- Guilty – This plea is admitting you are guilty of the crime committed. The judge will give the sentence, impose fines and/or points, etc., as is warranted. This is also resolved on the same day.
What would be the penalty if distracted driving was the cause of speeding?
Different states may have different fines for speeding. The ticket fine will also be based on how fast a person was going and in what kind of zone they were driving. Points will likely be added to the person’s driving record. Some individuals may be eligible to take driving school in lieu of a fine or points on the record.
Would a person be liable for rear ending the car ahead of them if they were distracted while driving?
Being distracted is not a good defense to use. Regardless of any distractions an accident still occurred and the distracted person that rear ended the other vehicle is at fault. Being distracted is not a litigating factor for not having full attention on the road ahead. Following too close is likely the cause for rear ending as there should have been sufficient distance between the cars in order to avoid contact.
What kind of argument could a person have in court if distracted driving occurred due to a wild fire and a car rear ended that person?
The person that was rear ended can argue that the ticket was issued to them in error citing that the person behind them hit their car and not the other way around. It can also be argued that the person following their car was not keeping a safe distance, essentially following too close. When asked to enter a plea it should be as not guilty so that a second day in court (trial) is granted.
Is the use of cell phones while driving breaking any kind of distracted driving laws?
There are only a few states that ban the use of cell phone while a person is driving. They include states such as California, Connecticut, New Jersey, New York, Utah, Washington, and District of Columbia. Bills can be ongoing and other states may enact these types of laws moving into the future. Individuals that use their hand held cell phones while driving can be distracted which may cause accidents.
Distracted driving is often a reason for traffic violations or accidents to occur. If you have found yourself with a ticket caused by distractions or are in need of customized information about distracted driving then contact Experts so that you have clarity. Verified Experts are available online when you need them so that all your legal questions get the one on one answers that you need.