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Duty to Drive with Due Care Continued for Dismissal

CASE TYPE: Duty to Drive with Due Care

RESULT: Continued for Dismissal

Earl’s client was charged with Failure to Drive with Due Care after a traffic accident where he rear-ended an ATV. If convicted, this would have been the first criminal conviction on this young client’s record.

After examining the police reports, Earl made the case to the prosecutor that the other driver should never have been on the highway. Earl’s client was driving with due care, while the ATV driver was not. Earl also argued that his client deserved a second chance due to the client’s young age and lack of any driving record. Based on the facts and Earl’s arguments, the prosecutor agreed to a continuance for dismissal.

A continuance for dismissal is a very favorable outcome. The court essentially puts the case on hold and places the defendant on probation, in this case for one year. Earl’s client never had to enter any plea, and as long as he complies with probation the case will be dismissed after one year.