Louisiana’s careless operation ticket is a traffic ticket that is defined as “Any person operating a motor vehicle on the public roads of this state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless operation.” LA Rev Stat § 32:58
Motorists that drive in a “careless manner” may receive a ticket for careless operation for swerving in and out of traffic, improper lane changes, rear-ending another vehicle, and much more.
Police officers often cite a driver that is at-fault in an automobile accident with careless operation.
New Orleans fines drivers $252.50 for careless operation and is one of the more expensive parishes in Louisiana. Parishes have the right to set their own penalties for tickets, so fine amounts can vary greatly.
Drivers should be concerned about:
The law surrounding careless operation is vague due to the unclear wording of the law. As a motorist, this means that the law is open to interpretation and best fought with the help of a lawyer that has experience in your parish’s court. Police officers were given the discretion to determine if careless operation applies or not.
A lawyer will apply the law to the violation in an effort to cast doubt on the ticket and have it lowered or dismissed. You bear the burden of proof because an officer’s judgment will be respected by the judge.
Careless Operation vs Reckless Operation
Careless operation is not reckless operation. Reckless driving is a misdemeanor with potential jail time as a penalty. The penalties for reckless operation depend on whether it’s the driver’s first or subsequent offense.
If you have more than three reckless driving offenses in a 12-month period, you’ll lose your license for two years.
Careless driving means that you weren’t willfully being reckless. You were driving carelessly, but you didn’t have intent to be reckless. During an accident, for example, you may have rear-ended the other driver because you failed to apply the brakes early enough or didn’t account for the roadway being slick.
Reckless driving, on the other hand, may involve you speeding 15 mph or higher and hitting a vehicle when swerving in and out of traffic. In this case, you would be considered as driving in a “criminally negligent” manner.
Drivers have many options to choose from when they receive a ticket. The first option is to pay the fine. When you pay the fine and accept guilt, there are no other options available. Admitting guilt guarantees that the violation is added to your driving record and will result in higher insurance premiums.
Insurers will raise rates on drivers that they deem to be at a higher risk of an accident.
Even if your careless operation didn’t result in an accident, expect your insurance premiums to rise. You have a responsibility to keep your eyes on the road and abide by local and state laws. Insurers do not want the added risk of a policyholder driving carelessly, so careless operation on your record will increase insurance rates.
Your second option is to hire an attorney to fight on your behalf. A lawyer that is experienced in your parish can help evaluate the details of the incident. A New Orleans traffic ticket lawyer will do a few things for you:
The best-case scenario is that your ticket is dismissed, and you don’t have to pay fines or higher insurance premiums. In cases where a ticket isn’t dismissed, it’s possible that the ticket is reduced to a minor violation, such as a non-moving violation.
You may still have to pay a fine, but having your violation not appear on your driving record will keep your insurance premiums down. It’s also possible that a fine is completely dismissed, but every case is different. Dismissal may or may not be possible.
Receiving a ticket is never fun. Careless operation can often be reduced or dismissed. Because there’s a high probability of your ticket being reduced to a non-moving violation or potentially dismissed, it’s a ticket that you should fight with the assistance of a lawyer.
The Law Office of Heather C. Ford will give you peace of mind in your careless operation ticket case. She will professionally and effectively represent on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind. Text us a copy of your traffic tickets or request a free consultation to start building your defense.
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From a careless operation ticket or a speeding ticket to a long term suspended license, we can help you. We are committed to making the legal process as quick and efficient as possible for every client. If you have received a careless operation ticket or any other traffic violation — Contact our office immediately to schedule a consultation.
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In many situations, hiring a traffic ticket lawyer for a careless operation ticket is definitely worth it. If the careless operation ticket you received could cause you to lose your license, or have implications for your employment, you will want to fight it in court. Fighting careless operation tickets is not as simple as one may think, which is why an experienced attorney will give you the best chance at a favorable outcome.
Whether you are better off paying your careless operation ticket or pleading your case in court truly depends on your individual situation. It is important to remember that if you simply pay your ticket, you are admitting guilt. This will mean a blemish on your driving record. If you drive for a living (for instance for Uber, or if you have your CDL) then a careless operation ticket may cause employment issues. If this is the situation for you, or if you have had multiple infractions in the past and may be facing a suspended license it is always best to fight your careless operation ticket.
The fines for a careless operation ticket in New Orleans could change depending on a few factors. For most speeding tickets, fines will be at least $252.50.
