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Ontario Highway Traffic Act

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What can I expect on my trial date?
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PostPosted: Tue Dec 29, 2009 1:17 am 
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I was in a single-vehicle collision on October 18, 2009. There were no witnesses to the accident. The Police Officer who arrived at the scene took my statement and charged me with Careless Driving. I requested a Trial Date which has been set for January 8, 2010 in Brampton. I also requested Disclosure which turned out to be a copy of the Officer's notes.

I have not hired a Paralegal and want to know what I can expect on January 8? Do I have the opportunity to speak to a Prosecutor or Justice of the Peace before the trial and plead guilty to another charge with lesser severity?

Any comments and feedback are appreciated.


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Re: What can I expect on my trial date?
PostPosted: Wed Dec 30, 2009 10:32 am 
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petula_f wrote:
I was in a single-vehicle collision on October 18, 2009. There were no witnesses to the accident. The Police Officer who arrived at the scene took my statement and charged me with Careless Driving. I requested a Trial Date which has been set for January 8, 2010 in Brampton. I also requested Disclosure which turned out to be a copy of the Officer's notes.

I have not hired a Paralegal and want to know what I can expect on January 8? Do I have the opportunity to speak to a Prosecutor or Justice of the Peace before the trial and plead guilty to another charge with lesser severity?

Any comments and feedback are appreciated.


This is a nasty charge if you are convicted, get some professional help.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Thu Dec 31, 2009 10:58 am 
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Location: Mississauga
Single motor vehicle collisions are fun to fight (at least from my prospective). Do not be alrmed because of "Careless Driving" charge as it is only a beginning.

Statement that you provided to the police is what you should be concentrating on in the first place.

Was it cautioned statement? Did you write/sign it?

If the statement is excluded - you win.


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PostPosted: Thu Dec 31, 2009 11:22 am 
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How did the crash happen? Did you go off the road or did you hit a parked car... ?

If you went off the road and hit something, you may be able to plead to a charge of Leave Roadway - Not In Safety.

Other than that... Traffic Law made a very important point above. What you said in the statement is very important. If it does go to trial, you were the only witness. Your defence needs to focus on proving that you were driving with due care and attention. A momentary lapse of attention or minor mistake is not sufficient to get a conviction for careless driving. The standard for acquittal is that you must have driven like a "reasonable and prudent driver," but not a "perfect" driver. The courts have said, over and over, that a reasonable and prudent driver may make mistakes from time to time. A collision, in and of itself, is not necessarily proof of driving carelessly.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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