Legal Question in Personal Injury in Florida
I was involved in an accident with an unlicensed driver. They pulled out in front of me & I lost control in an attempt to avoid them, but still made contact with them. The roads were wet & I was charged with driving unsafe in unsafe conditions. Can I protest the charge since their vehicle was being operated illegally?
2 Answers from Attorneys
Your question doesn't indicate that there was an injury or if the other driver has filed a civil claim against you for bodily injury or property damage. It appears that you were cited by the police for careless or reckless driving. You can protest the charge, but your claim is very fact specific. In order to "get your day in court" you will have to show that you have some sort of proof that you were not at fault. You can notify the court that you want a hearing on your ticket. (call the court's number on your ticket, the court clerk will give you instructions) You will be able to plead your case to the judge, and the officer will likely show up to explain why he/she issued the citation. It is not enough to simply tell the court that you weren't at fault. You may want an attorney to represent you, since the attorney knows the law, is comfortable in the court room, and he/she will be more skilled at asking the police officer questions, bringing out the fact that the other driver wasn't licensed, and showing why that person was more likely to have been the cause of the accident. There are more facts that you will want to explore. Were there witnesses to the collision? How is your driving record? Was the other driver ticketed? The officer will testify that it appeared to him that you were not in control of your vehicle, and driving too fast for wet road conditions. Generally, when your vehicle crashes into another vehicle, it is harder to prove that the other driver was at fault.
The fact that the other diver did not have a license has no impact on your driving. In short, the fact that the other driver had no license is immaterial to your ability to operater your car.