Failure to Use Due Care for Pedestrian: Fines, Traffic Points and Defense.

When individuals fail to use due care with pedestrians, they run the risk of being ticketed and facing many other consequences. Whether pedestrians are crossing at a crosswalk, in a parking lot, or an unmarked area, drivers must do all they can to safeguard that pedestrian and avoid putting them in harm’s way. Depending upon the situation, the specific rules can become difficult to understand.

Fines and Penalties

The first time someone gets charged with this violation, they could be forced to pay a small fine. If the pedestrian was injured, there can be larger fines and other consequences, such as lawsuits or even criminal charges. The first-time fine is usually around $30, but with more offenses of the same kind, the fine increases. Individuals may face jail time with a severe offense of this kind, or with multiple of the same offenses. Consequences that are more severe may be given out if the violation resulted in injury or was a severe or deliberate violation.

Traffic Points and Impact on Driving Record

For an individual who is found guilty of failure to use due care for pedestrians, there are other consequences aside from fines. For instance, it is typical that they receive 3 demerit points on their driver’s licenses, which can make the insurance premiums they pay increase. These points can also result in one losing driver’s license privileges for a determined amount of time as well – if too many are accumulated in a short period of time. For more severe cases of this violation, the license could be suspended indefinitely.

Hiring an Attorney

This is a serious charge, and those accused of this violation should hire an attorney to represent them in court. If the incident happened differently and no real violation was committed, the attorney can work with his or her client and the details to portray the facts to the court. He or she may be able to get the charges dropped, the consequences lessened or help their client avoid accumulating points or serving time in jail. Attorneys often offer free consultations so that they can help individuals determine whether or not they have a legitimate case. They will also be able to help clients understand their rights under the current laws.

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