What is careless driving?
When people are driving, whether on streets or highways, they’re expected to be respectful of other drivers in the way they maneuver their vehicle. That includes driving at a proper speed. Oklahoma law states that “any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing” (Okla. Stat. tit. 47 § 11-801). Failure to comply with this standard is considered careless driving.
The law also specifies that “no person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.” Careless driving is directly related to speed.
While it can mean going too slow, most people are going to get in trouble for going too fast.
Reasonable and Proper with Due Regard
Some of the wording in the statute is subjective. For example, prudent might mean something different depending on who you ask. Different police officers may have different ideas for what is a prudent speed.
Prudent means exhibiting care and thought for the future. A prudent speed is neither too fast nor too slow. It allows you to move with the flow of traffic while also retaining the ability to come to a stop without running into anything.
How would you define reasonable and proper in this case? It could mean not driving so fast that you lose your ability to slow down and stop safely. It could also mean not driving so slow that you hold up traffic or risk getting hit.
Another aspect of careless driving is a lack of regard for road conditions. This could mean driving too fast or slow for traffic. It could also be driving erratically, such as by making zig-zags. Also, if there is ice on the road or it’s raining, it’s careless to disregard those conditions.
Driving without regard for other drivers, road conditions, or weather is careless driving.
Points on Driver’s License
Careless driving is a traffic offense that gets you points on your driver’s license. These points add up and could result in a suspension of your license, along with fees. You get two points for careless driving. While that’s more severe than one-point violations, it’s not as bad as a four-point violation such as reckless driving.
Reckless driving and careless driving are two different things. While speeding can get you a ticket for either violation, reckless driving technically requires “driving in a careless or wanton manner without regard for the safety of persons or property” (Okla. Stat. tit. 47 § 11-901).
If you’ve been charged with reckless driving, a skilled Tulsa defense attorney may be able to help you get the charge reduced to careless driving. If you’ve been charged with careless driving, you need a traffic ticket attorney who will fight to get the charge dropped.
Penalties for Careless Driving
Speeding has different fines depending on how much you go over the speed limit. The initial fine may have other costs and fees added later on.
- 1-10 mph over: $5
- 11-15 mph over: $20
- 16-20 mph over: $35
- 21-25 mph over: $75
- 26-30 mph over: $135
- 31-35 mph over: $155
- 36+ mph over: $205
Instead of a fine, you could spend up to 10 days in jail. If you’re convicted twice in one year, you could spend up to 20 days in jail. For a third conviction in one year, you could spend up to six months in jail instead of or in addition to a fine.
Your best bet for avoiding expensive fines and jail time is to hire a Tulsa attorney with expertise handling traffic tickets.
Initial Consultation with a Tulsa Defense Attorney
If you’ve been charged with careless driving, an attorney from the Tulsa Criminal Defense Law Firm can offer a rock-solid defense. For a low-cost initial strategy session, call (918) 256-3400. You can also click “Start My INITIAL Consultation” at the top of the page.