Legal Question in Traffic Law in Florida

Florida: How is Careless Driving Proven (what's required and who has to prove it)?
I was in an accident (no other cars or witnesses). Officer arrived 10 minutes later. I was cited for Careless Driving. I went to court & plead "Not Guilty". Officer testified that he arrived on the scene and saw that I had been in an accident. He also testified that the roads were wet. I asked "Did you observe me driving the vehicle?" He said "No". I moved to dismiss, Judge denied it & asked me my story. I didn't really want to testify... I told the judge I had no statement, but judge then said I didn't need to have a statement, but just wanted to know what happened.
My car hydroplaned as I got onto the interstate, Just as I merged from the ramp. I wasn't driving carelessly, I was just beginning to speed up from the ramp. Luckily no other cars were around when my car spun & crashed into the wall under the overpass where I just came from.
What's the burden of proof here? The judge ruled: Adjudication withheld, pay $200, no points. But why? They made no case no case here. Is the judge the prosecutor or the police officer?
The judge was respectful, yeah there are no points, and yeah paying $200 is frustrating, but it's not even about that right now. The most frustrating thing here is that it appears to be impossible to defend yourself in court when the other party charging me doesn't have to prove (and quite frankly can't prove) exactly what it is they're charging me with. That's what I feel happened to me in traffc court.

Asked on 5/12/11, 9:38 am

Craig Epifanio Craig Epifanio, P.A.

0 users found helpful

0 attorneys agreed

Not sure if you still need help at this point but you should call an attorney in your area if you still do.

Answered on 6/25/11, 5:26 pm

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