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II. Careless Driving and its Consequences

If you've been driving for even a short amount of
me, you have either witnessed other drivers
driving carelessly or have been guilty of it
yourself. We've all seen or done some of these
things, speeding, driving too aggressively,
running a red light, making lane changes without
signaling, dozing o behind the wheel, ea ng a
meal while driving, or even the most popular,
taking a phone call while driving. Everyone at
some point or another has done something that
can be deemed "unsafe".

Before we talk in detail about the consequences

of careless driving, it is important that you rst
understand what cons tutes careless driving. In
most dic onaries, carelessness is a part of the
deni on of recklessness, and, to an extent, the reverse is also true. But the legal world does not rely solely on
dic onary deni ons.
Most statutes dene reckless driving, at least in part, as including, "wanton disregard". As you can tell from the
sound of it, this is a much higher standard to place on a person than mere carelessness. Careless driving, such
as lane dri ing or falling asleep at the wheel, is rarely (if ever) wanton.

A. Damage To or Loss of Vehicle

Careless driving can have many unwanted consequences; the most common is probably damage to your
vehicle. In 2010, there were approximately 5,419,000 reported crashes that killed 32,885 people and injured
an es mated 2,239,000 people (according to the NHTSA). The number of people who died was a decrease
compared to 2009 gures. This amounted to an average of 90 people dying each day, or one every 16 minutes.
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In California alone, 163,614 fatal or injury motor vehicle crashes (3% of the na onal number) claimed the lives
of 2,739 people (9% of the na onal number) and injured 229,354 others (according to the 2010 SWITRS). This
averages out to 358 crashes, 7.5 people killed, and 628 people injured each day! More specically, 2,805
crashes led to fatali es, while 163,524 collisions resulted in injuries. These overall numbers represent a slight
decrease from the 2009 gures.

According to the NHTSA, 11.01 people were killed in trac crashes for every 100,000 people na onwide in
2009.10 In California, that rate was 8.34 deaths for every 100,000 Californians. If there is a silver lining in these
sta s cs, it is that these numbers have been in a pa ern of decline for a number of years.

B. Injury or Death to You, Passengers, and/Or Others

Even when you devote your full a en on to the road, it only

takes a slight lapse in concentra on to make a mistake. Imagine
how much greater your chances of ge ng involved in a collision
will be if you drive carelessly. You simply don't want to risk
causing harm to yourself and others.
Careless drivers might fall asleep at the wheel or stop paying
a en on to their surroundings, causing other drivers to make
dangerous adjustments. This increases the chance of collisions
tremendously. Even though careless driving can result in various
types of injuries, there are a few that we commonly associate
with vehicle collisions.

One of the most common injuries that results from a vehicle

collision is called whiplash. When a vehicle stops suddenly in a
collision or another vehicle hits it from the back or side,
occupants' necks snap violently due to the force of the impact.
Neck muscles are extended more than normal and may get
damaged. This can happen even if the collision takes place at a
rela vely slow speed. The injury persists for days, weeks, or even
years a er the collision. Even the simplest day-to-day ac vi es
can become dicult or painful.

Concussions are also common in car collisions. You should see a doctor soon a er any substan al collision
even if you are unaware of any injuries or pain. Some injuries won't be felt or seen un l long a er the
accident. X-ray and MRI scans help detect bone or ssue damage, which cannot be easily detected by simple
examina on.

Careless drivers o en drive at excessive speeds. Collisions at high speeds can be very serious and some mes
fatal. The injuries are o en so severe that vic ms of the collision are unable to return to their normal physical
state. Accident vic ms are o en disgured for life and some end up in comas. Careless drivers can pose a
threat not only to themselves, but also to their passengers, pedestrians and other motorists.

C. Possible Auto Insurance Increase

California law requires all motorists to purchase liability coverage. Having insurance is NOT an op on - it's the
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law.
If your driving record shows a history of
carelessness and insurance claims, most
companies will charge you higher
premiums for auto insurance. Some
insurance companies may not be willing to
insure you at all.
If your careless driving results in higher
premiums, the insurance company might
wait un l the end of the policy to tack on
the increase. But don't count on it. The
insurance company will review your driving
record. If they nd any claims you could
become a "high risk". They may decide to
increase your premium or they may decide
not to renew your policy at all. Reports show that just one cket could increase your auto insurance premium
by 18%.
Also, if you are ever convicted of reckless driving, which careless driving can lead to, the convic on is recorded
by the DMV and becomes part of your driving history. Some convic ons stay on your record for up to 10 years,
others 7 years, and some 3 years. The amount of me a convic on remains on your records depends on the
viola on. Insurance companies look at these records before they agree to sell you a policy. If your record has
convic ons, you can forget about discounts on insurance premiums. California provides a "good driver
discount" that is almost impossible to get with a convic on for reckless driving

If you are convicted for reckless driving or for driving under inuence (DUI), and your license is suspended, you
are required to get an SR-22 cer cate before you can get your license back. An SR-22 cer cate establishes
your nancial liability for damages in any collision you may cause. However, an SR-22 cer cate may make it
dicult to get auto insurance.

D. Financial Impact/Legal Ac ons/DMV Ac ons

Some of the nancial impacts of careless driving may include:

DMV ac ons against your license
Legal costs
Large trac viola on nes
Court fees
A orneys fees
Hospital/Doctor Fees
When you are involved in a careless driving incident, you may face ac ons
from both the DMV and the court. Even if no ac on is taken by the court, you
may s ll face penal es imposed by the DMV.
A reckless driving convic on goes on your criminal record, which may be available for inspec on. Criminal
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records are also checked by many employers and nancial rms to determine a person's history with the legal
system. This means that having a reckless driving convic on may cost you jobs and can make it dicult for you
to obtain loans or other nancial services.
Driving oenses appear as points on your DMV record. If you have too many points, the DMV can put you on
proba on for a period of 12 months, which includes a six-month license suspension. You can apply for
reinstatement at the end of this suspension period but you must show proof of nancial responsibility, which
means you must have an SR-22 cer cate. If the reckless driving incident results in an injury, the DMV can
revoke your license immediately.

E. Impact on Quality Of Life

Injury and nancial loss are the immediate impacts of careless driving but there are some less immediate and
less direct eects. Being prosecuted for reckless driving can cause great trauma and anxiety. Injury, death and
property damage can increase this trauma exponen ally. A DUI convic on can cost you a minimum of $390
and as much as $1000. In addi on, you might also face prison me. If a person was injured or killed, you might
also face assault or manslaughter charges.
The emo onal impact of careless driving can be more disturbing than the legal ac ons. People o en feel the
penal es are too severe for a small lapse of concentra on or for a small collision. However, injuring or causing
death of another person because of carelessness is not a small oense. The impact on the driver and the
vic m can be dras c. Injuring someone or knowing that you were the cause of someone's death can cause
guilt and regret that will last the rest of your life.
You could also be le with injuries that can change your life. A collision might leave you with a serious injury.
Vic ms of car crashes are frequently le to depend on crutches, a cane or a wheel chair for the rest of their
lives. Careless driving can also hurt you indirectly when someone you love is badly injured or dies. In any case,
emo onal trauma caused by vehicle accidents can leave you trauma zed for years to come.

F. Contribu ng Factors Can Cause Collisions

Studies conducted over the years have revealed that most collisions are caused by some type of human error.
Some collisions are caused by other, indirect factors. These factors can surprise motorists because they aren't
on the alert for them. Here are some examples of this type of contribu ng factor.
Informa on overload

To understand how other factors can

cause collisions, you need to
understand the human brain can only
process informa on at a limited rate.
It will fail if you throw too much at it.
That is why distrac ons like a cell
phone, complicated music player, or
even an infant in the vehicle make
concentra ng on the road dicult.
Talking on a cell phone is one of the major contributors to collisions. People con nue to talk on the phone in
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spite of all the warnings about the dangers of cell phone use while driving. You might think that using the
phone hands-free reduces the chances of a collision. Unfortunately, part of your a en on will be taken away
from driving, which is enough to result in a collision.
Stress

Pressure is another factor that can make it dicult

for you to make good decisions. Consider a
situa on in which your car starts skidding and you
decide to turn away from the skid. This is an
incorrect choice you make due to the pressure of
the situa on. The be er choice here would have
been to take your foot o the accelerator and turn
into the skid. Some mes you are able to nd the
solu on but unable to implement it. For example
in the above situa on, you might have gured that
reducing speed gradually is the correct decision
but because you are under so much stress, you end
up hi ng the brake instead.
Negligence

A driver should be alert and sharp enough to deal

with situa ons on the road. Some mes drivers,
simply by being lazy or ina en ve, end up driving
carelessly. A few a ributes separate a good driver
from a careless driver. A careless driver will not be
aware of the size or the capabili es of the car that
can contribute to losing control. A sharp and alert
driver is able to react to the road condi ons, the
environment and road signs. One important factor
that contributes to collisions is the inability of
drivers to an cipate the behavior of other drivers.
Some of those skills can only be acquired through
experience, which makes it even more important
to be extra careful if your driving skills are not sharp.
Equipment Failure

Safety in motor vehicles has increased considerably in the past 50 years. They have become very complex
machines with thousands of moving parts and sophis cated computer brains. It's reported that less than 5% of
motor vehicle collisions result from equipment malfunc on. The majority of breakdowns are caused by bad
res, worn brakes, or steering and suspension failures. Proper maintenance is cri cally important to avoid
breakdowns and collisions. You should have your steering and suspension checked about every 10,000 miles,
and always check the tread depth on your res to be sure they aren't worn too much to maintain trac on on
the road.
Driver Behavior/Error
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Approximately 95% of the factors that lead to collisions can be a ributed to driver error. Speeding tops the list.
We all know speeding is dangerous, but did you know that 75% of drivers readily admit to speeding on a
regular basis? The worst thing about speeding is that when you're doing it you seriously reduce your reac on
me. You simply don't have enough me to react to situa ons such as errors made by other drivers, poor road
and driving condi ons, and equipment failure.
Road Maintenance and Condi ons

Poor road condi ons also account for a signicant number of collisions. Although they are not the sole reason
for collisions, they do contribute. When you mix in driver error and poor road maintenance or condi ons,
collisions o en result. You should always be aware of poorly maintained roadways. Trac signs and signals can
be dicult to see or even worse, not there at all. Weather is a major factor in road condi ons. Rain, snow, ice,
fog, sleet, and even wind can deteriorate and damage the roadways making it dicult to drive and maintain
control of your vehicle. Generally speaking, the best way to help you control your vehicle and remain safe on a
damaged road is to slow down and use your headlights. This will greatly increase your visibility and reac on
me.

G. Explana on of Negligent Operator Treatment System (NOTS)

The NOTS monitors people with driving viola ons. It is based on negligent operator points that are given to
drivers who violate trac laws. Negligent operator points will be added to your record when you were involved
in a collision and law enforcement determines you have contributed to it in any way. Points may also be added
to your record if you are convicted of trac viola ons by a court. The DMV may take ac on against you if it
determines you have accumulated too many points in a given period of me.
A convic on can get you anywhere from 0 to 3 points. A major convic on when you are driving a commercial
vehicle can get you 3 points. Causing a collision will earn you 1 point whether it is in a commercial or a
non-commercial vehicle.
Mechanical viola ons may be a citable. For example, not having a light on the license plate may not get you
points but having faulty brakes may get you a cita on.
Also, a viola on in a vehicle requiring a Class A or B license or a cer cate of endorsement will receive 1.5
mes the usual point value. For example, speeding is a 1-point viola on. However, speeding in a commercial
vehicle will get you 1.5 points.
If you get a convic on for a driving oense outside the state of the California the DMV will award you negligent
operator points based on the consequences for the same viola on in California.
There are dierent levels of ac on that can be taken based on the negligent operator points you have.

If you have 2 points in 12 months, 4 points in 24 months or 6 points in 36 months you are given a warning
le er.
If you have 3 points in 12 months, 5 in 24 months or 7 in 36 months then a no ce of intent to suspend is
given to you.
If you have 4 points in 12 months, 6 points in 24 months or 8 points in 36 months your license will be
suspended.
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If any viola on or collision occurs during the period when these ac ons are in eect, your driving privilege will
be suspended.

H. DUI and Its Addi onal Impact

It is illegal for you to drive under the inuence of any drug, or to

drive with more than 0.08% blood alcohol concentra on (BAC).
You may be arrested if your BAC is 0.08 or above. The limit is
0.04 for persons driving a vehicle requiring a commercial
driver's license even if they have a non-commercial license or
don't have a driver's license.
Driving under the inuence is a serious oense and you may
face major consequences if you are caught. You will have your
license suspended immediately. A rst oense can bring a
suspension from a minimum 4 months and up to a year. A
second oense is a two-year suspension.

Facing a convic on for a DUI can have a lot of nega ve impacts.

Emo onal: A convic on can result in personal, emo onal

trauma, especially if it results in death, injury or property
damage.
Financial: A DUI convic on remains on your DMV record for
10 years. During this me, auto insurance may become
dicult to obtain because insurance companies review your
DMV record.
Restric ons: DUI convic ons result in numerous driving restric ons. The court may put you on proba on
for some period of me. You might be required to use an igni on interlock device (IID), which will check
your alcohol level before you start your car.
Impact on vic m and vic m's family:A collision as a result of a DUI charge can have many adverse eects
on vic ms' lives. In fact, the state of California has a Vic m Impact Panel, which oenders are required to
appear before when they are convicted.
Social impact:A DUI case impacts not only the driver but also the rest of society. Law enforcement
responses to DUI related collisions cost millions of dollars. This expenditure diverts money from other, more
posi ve purposes.

Admin Per Se

California drivers consent to have their breath, blood or, under certain circumstances, urine tested if they are
arrested for driving under the inuence of alcohol, drugs, or a combina on of both.
Under 21: Zero Tolerance for Alcohol Use

If you are under 21 and have been detained law enforcement, you must submit to a hand held breath test,
Preliminary Alcohol Screening (PAS), or one of the other chemical tests. The ocer only needs to believe you
were drinking alcohol. If your BAC measures 0.01% or higher on the PAS, the ocer may take your driver's
license and issue you a temporary license that's only good for 30 days. You may also get an order of suspension
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for one year. Then he or she can decide whether to release you, turn you over to juvenile authori es, or
contact your parent(s) or guardian(s). You may request a DMV administra ve hearing within 10 days.

If your PAS shows a BAC of 0.05%, the ocer may require you to submit to either a breath or blood test. Some
PAS devices provide a record that may be submi ed to the court as evidence. Other PAS devices do not
provide a record, so the ocer may ask for a breath or blood test a er the PAS. You do not have the right to
consult a lawyer before selec ng or comple ng a test.
If a subsequent test reveals a BAC of 0.05% or higher, the ocer will issue you an order of suspension, arrest
you for Driving Under the Inuence (DUI)(CVC 23140), and detain you un l you can be turned over to your
parent(s), guardian(s), or juvenile authori es. If your BAC is 0.08% or higher, the police ocer may arrest you
(CVC 23152 or 23153).

Under California's implied consent law, all drivers are required to submit to chemical tes ng if arrested on
suspicion of DUI. Those who refuse tes ng can s ll be charged with driving under the inuence pursuant to
California Vehicle Code Sec on 23152(a) VC, however they would also be subject to the refusal enhancement
under California Vehicle Code Sec on 23612 VC which would increase penal es on any convic on.
If you refuse to submit to any of the tests, your driving privilege may be suspended because of your refusal.
Even if you change your mind later and agree to a test, and your BAC measures 0.01% or higher on the PAS,
your driving privilege may be suspended for both reasons, although both ac ons will run concurrently.

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