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What is the likely punishment for careless driving in Idaho?
Anonymous4 views2 answers
I was pulled over for doing 80 in a 65 with my motorcycle. Instead of issuing a speeding ticket, the officer issued a careless driving misdemeanor citation. There were no accidents and I only passed when traffic was clear on the two lane road.
By the designation of "Careless" this could either be a ticket for reckless driving, I.C. 1401(1) or inattentive driving , I.C. 1404(3). The reckless driving is the more severe and carries a maximum penalty of $1,000.00 and/or 6 months in jail. The Inattentive carries a maximum of $300.00 and/or 90 days. From your description, you would not receive the max for either. My guess is that you will only have a fine but I don't know what the standard is in Elmore county. It probably will be less than $200.00
Since the officer indicated this was a lesser charge, my guess would be that he cited you with inattentive driving, rather than reckless driving. And as has already been indicated by the previous attorney, the maximum jail sentence for inattentive driving is 90 days in jail, and the maximum fine is $300. Your out of pocket expenses could exceed $300 though if you factor in possible court costs.
You are not likely to be hit with the maximum penalty, especially on a first time offense, however there is no guarantee that you will not be facing some jail time in some form, whether that be in the form of community service, or straight jail time.
Furthermore, from the facts you have cited, it does not appear that this is a clear case of inattentive driving. Based on your description of the event this sounds like a case of excessive speeding, which is an infraction. It may be a case you want to take to a jury trial, or attempt to negotiate with the prosecutor in amending the charge to an infraction.