Legal Question in Traffic Law in Louisiana

Re: 32:58 careless operation

"Careless operation" of a motor vehicle is the failure to drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person. This will be a factual question to be determined based upon the circumstances. Your question implies that you were following the other vehicle at a distance which did not allow you to stop in time within your lane of travel. This permits the conclusion that you were following too close under the circumstances. La. R.S. 32:81 provides that " [t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway." Additionally, it also can be argued that your "swerving around" the other vehicle constituted an overtaking or passing of the vehicle in front of you and therefore invoke other possible violations which could be used as evidence of a failure to drive carefully and prudently under the circumstances, i.e., in a curve, approaching a crest, against oncoming traffic with visibility less than 500 feet, etc.

Re: 32:58 careless operation

The text of R.S. 32:58 is as follows:

�58. Careless operation

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.

Added by Acts 1972, No. 567, �1; Acts 1992, No. 364, �1.

A common sense approach would be applied to determine which acts and omissions constitute 'careless operation'. Other conduct is presumed to constitute careless operation, e.g., speeding of 15 or more miles over the speed limit. In Orleans Parish, drivers are usually written up for both offenses (speeding and COMV) if their speed is that high.

You did not really relay enough information for a quick impression to surface, e.g., did the swerving cause an accident? Did other drivers have to avoid you when you swerved?

Depending upon the court and the full circumstances, the matter may be handled to your satisfaction without regard to the facts.

If you need representation, you may contact me and I would be happy to assist you in finding an attorney who handles cases in the jurisdiction where your case is pending at a very reasonable rate. You may be expending time and energy worrying about something which is very simple and inexpensive to handle...many clients who come to me blow a minor ticket into a major headache, unnecessarily. If you fax me a darkened copy of the ticket with your contact information clearly printed thereon, I would be happy to take a look at it without charge (504-488-5470)

Hope this helps.

Allison Burbank