Attorney Chris Kaigle with the Umansky Law Firm was successful in having a client found not guilty of careless driving and getting her traffic citation dismissed. The client was travelling west on State Road 50 when another vehicle made a U-Turn in front of her. A traffic crash occurred and after the police conducted an investigation, the client was given a citation for careless driving. The attorney cross examined the investigating police officer as well as the other driver involved and presented evidence, based on the testimony of the witnesses and the damage done to each vehicle, that the client had tried to swerve out of the way to avoid the accident and that the accident was unavoidable due to the other driver's U-Turn.

Careless driving could be considered just as bad as reckless driving in some instances because you don't even have a consideration for your own well-being in addition to the well-being of others around you. No one should get behind the wheel if they are going to be engaging in activities that contribute to the complete disregard of following the rules of the road. Even so, in this situation, it is claimed that careless was implied for a driver that was aware of their surroundings but the decisions they made while driving constituted a designation of careless. This is when an attorney experienced with traffic violation laws comes in.

Attorney Chris Kaigle argued that the collision was an "unavoidable accident" and cited Florida case law in support of this position. Arguing that the law does not require drivers to be perfect but rather to drive in a careful and prudent manner with regard to the width, grade, curves, corners, traffic, and all other attendant circumstances, the attorney was able to convince the Judge that the client was not at fault for the accident and was not guilty of careless driving. The citation was dismissed and the client avoided having to pay a fine or court costs as well as any points on her driver's license. Remember, merely proving that an accident occurred will not establish that someone was necessary negligent or careless.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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