Careless Driving: Case Dismissed and Client Recovers Damages

Jun 9, 2015 | Uncategorized


My client was traveling home around dusk. The sun was low, about to sink below the mountains, yet still at eye level. As he drove west, the sun momentarily blinded him.

Unfortunately, at that very moment, he approached a large flatbed trailer, which was parked improperly, jutting out significantly into the road. Without any warning to my client and due to the blinding sun, he crashed into the trailer with the corner of his vehicle.

A Careless Driving Ticket

A law enforcement arrived on the scene, they took photos, interviewed witnesses, and ticketed my client for careless driving.  

From my years of experience as a Colorado Springs traffic violation lawyer, having the sun in your eyes and hitting an improperly parked trailer is not careless driving.

If the owner of the trailer had properly parked, the accident wouldn’t have happened.

Overwhelming Evidence = Case Dismissed

Armed with photographs and the evidence, I went to court and presented everything to the Colorado Springs deputy district attorney. 

Faced with overwhelming evidence of my client’s innocence, the district attorney dismissed the case in its entirety. 

With the criminal case dismissed, my client was free to pursue legal action against the owner of the flatbed trailer for parking in a manner that posed a danger to others. 

My client was overjoyed after the dismissal of the case. He felt unjustly accused and that the investigation and ticket were misplaced. His relief at the dismissal of the charges was immense. 

Obviously, not every case results in a dismissal, but without the help of an experienced Colorado Springs criminal defense attorney, my client may not have gotten the same result. 

If you’ve been charged with a traffic violation in Colorado Springs please call James Newby Law for a free consultation or you can email us to schedule a free consultation with a Colorado Springs criminal defense attorney.