7.707 — CARELESS DRIVING

Violations of "Statute 7.707" results in a Class D Misdemeanor with receiving an additional license point(s) of 2.

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(a) Definitions

Careless driving is defined as the operation of a motor vehicle in a manner that is not intentional but is nevertheless inattentive, negligent, or demonstrates a lack of concern for the safety of others. This may involve failing to maintain control of the vehicle, driving too fast for road conditions, or failing to yield the right of way, which results in a danger to others, even though there was no deliberate intent to cause harm.

(b) Elements

To establish the offense of careless driving, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was operating a motor vehicle on a roadway.

2. The defendant drove the vehicle in a manner that was inconsistent with safe and prudent driving practices.

3. The defendant’s actions demonstrated a failure to exercise the degree of care that a reasonable person would have exercised under similar circumstances.

4. The defendant’s driving created a risk of harm or danger to persons or property, even if no actual harm or damage occurred.

Examples of careless driving include failure to stop at a stop sign, failure to signal when changing lanes, driving too closely behind another vehicle without maintaining a safe distance. Distracted driving, such as texting or talking on a cell phone while driving.

(c) Defenses

Defenses against a charge of careless driving may include:

1. The defendant’s actions did not constitute careless driving, and they acted with reasonable care under the circumstances.

2. The defendant was not driving at the time of the incident or was misidentified as the driver.

3. The actions of the defendant did not result in any harm or danger to persons or property.

4. The defendant was responding to an emergency situation and did not have time to react properly.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant’s careless driving resulted in an accident that caused injury or property damage.

2. The defendant was driving in hazardous conditions (e.g., poor weather, night driving) and failed to adjust their driving behavior accordingly.

3. The defendant’s careless driving resulted in endangerment to pedestrians, cyclists, or other vulnerable road users.

4. The defendant has a history of careless driving or similar traffic violations.

5. The defendant’s careless driving occurred in areas with a high risk of harm, such as school zones, residential areas, or construction zones.