The Police charged a Defendant with Careless Driving after being involved in a single car traffic accident. The Defendant retained Musca Law to defend the charge against him.
A careless driver can be best described as a person who does not exercise extreme caution when they are driving. They may possibly have a disregard for the rules of the road, or they possibly are not familiar with the road and terrain. Examples of careless driving include running a red light, going over the speed limit, pulling out in front of someone, falling asleep while driving, illegal lane changes, tailgating, and being disturbed by something else (eating food while driving, loud music, lighting a cigarette, etc).
Motion to Dismiss
A motion to dismiss can be filed by the defendant or the plaintiff. Typically, it is filed most often by the defendant at the beginning of the case. A motion to dismiss is filed because one of the parties believes that a complaint is not valid.
There are many different grounds for filing a motion to dismiss. These include:
- Insufficient service of process – The summons/complaint were not properly served.
- Statute of limitations has expired – Each state has its own time limits for filing cases.
- Lack of subject matter jurisdiction – The court must have the proper authority to hear certain cases in order for a court to rule on it.
- Lack of personal jurisdiction – In order to make a decision about the case, each court will need sufficient minimum contact with the jurisdiction where the case is filed.
- Improper venue – Based upon state laws, the venue may not be proper for the case to be held in.
- Failure to state a claim in which relief can be granted for – If all of the elements of a claim are not adequate, or if the complaint fails to mention a measurable injury, a motion to dismiss can be used.
Filing a Motion to Dismiss
The defendant will need to file the motion to dismiss before any answer to the complaint is answered. An answer will need to be provided if the motion is denied. A motion to dismiss will need to be filed with the court to be served upon the other party. The other party will have the chance to respond. A judge will review each side, with the decision to be given at a predetermined hearing.
If you have been accused of careless driving, it is in your best interest to hire a criminal attorney that can defend you and your rights. At Musca Law, we have over 150 years of combined experience, and a team that is dedicated to your case. We will review your case, along with your criminal history, to determine which avenue is the best to explore in traffic court.
RESULT: The Defense brought the case before a Judge in Traffic Court. The Attorney filed a Motion to Dismiss on grounds that the case lacked sufficient evidence. The Judge GRANTED the Defense’s Motion and DISMISSED the case against the Client.