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[newyddilyn60]

Today, I got in a fender bender. No one was hurt.

I was stopped at a stop light, and went to merge right. I looked over my shoulder to check traffic in the right lane and accelerated, but by the time I looked ahead I had clipped the left rear bumper of the car stopped in front of me.

The police charged me with careless driving, which requires that they prove I acted in a "careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances." CRS 42-4-1402. It is a criminal offense chargeable by 90 days in jail, thus there's a jury trial on the table.

I gave a statement to the police saying exactly what I said above, but there are no other witnesses.

I don't believe they can show evidence sufficient to prove my mental state beyond a reasonable doubt. Particularly because looking over your shoulder before merging is taught in drivers ed. I wasn't distracted or anything. Do you agree, lawyers/potential jurors?

My other question is what to do next, I'd rather not hire a lawyer due to expense. My first reaction would be to move for dismissal, but I'm not really familiar with criminal procedure. Second, I'm not familiar with the burden of proof for carelessness, and I can't find any relevant case law on the point.

Otherwise, I would discuss a plea with the prosecutor. However, I'm not sure that they can prove a lesser offense based solely on the fact an accident occurred, even the strict liability ones. The only other one I can think of is § 42-4-1008, Following too closely. But one doesn't "follow" a car stopped at a traffic light. If there isn't a viable alternative, than I shouldn't plea down and go all for nothing on the careless driving charge.

Finally - I acknowledge that no respondents are providing legal advice. Don't worry, I won't rely on it.

Thanks all