Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!

       
    

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 10 posts ] 
  Print view

Hydroplane into ditch, careless charge
Author Message
PostPosted: Sat Oct 10, 2009 9:14 pm 
Offline
Newbie

Joined: Sat Oct 10, 2009 9:07 pm
Posts: 2
Hello,

I'm trying to help someone out. They were driving while it was raining. They were traveling the speed limit and were not distracted in any way (no cell phone, GPS, sat radio...etc). The car went into a curve but when they turned the steering wheel to exit the curve, the car continued straight... resulting in the car going in the ditch and rolling. Thankfully no one was hurt except for the car.

Witness travelling behind the car said that there was no excessive speed. Officer charged the person since "There's no other excuse for the crash".

I think it's a pretty heavy charge for what happened but oh well. I already said "fight it" but it this something that a paralegal should be hired for or should should it be fought alone?


Top
 Profile  
 
PostPosted: Sat Oct 10, 2009 11:07 pm 
Offline
Member

Joined: Mon Apr 28, 2008 2:23 pm
Posts: 150
Your friend can check with the paralegals to see what they can do.
Or wait till getting the disclosure to see what evidences the cop has or just some hearsay from the witnesses. If no witness shows up at trial charge may be dropped.


Top
 Profile  
 
PostPosted: Mon Oct 12, 2009 9:25 pm 
Offline
Sr. Member
User avatar

Joined: Tue Jan 22, 2008 9:38 pm
Posts: 633
Location: Stratford, Ontario
Very easy to beat. It's a shame the cost of a paralegal will probably be necessary if your friend is new to fighting tickets.

_________________
Image


Top
 Profile  
 
PostPosted: Tue Oct 13, 2009 11:55 am 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
There was no excuse for that crash. However, a careless conviction may be too harsh (insurance increases) if a lesson has been learned. Good news for you is that careless is sometimes applied when no other charge seems to fit, and I hear the courts have high standards for a conviction.

_________________
         Image


Top
 Profile  
 
PostPosted: Thu Nov 05, 2009 4:26 pm 
Offline
Jr. Member
User avatar

Joined: Wed Jul 01, 2009 2:17 pm
Posts: 68
seen ths one before. Almost the exact same accident.

"Was doing the speed limit".

Cop said "you should be doing under the limit if its raining, therefore, 'careless'". Speed limit means speed limit. Weather conditons require you to adjust accordingly.


Top
 Profile  
 
PostPosted: Thu Nov 05, 2009 8:02 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2667
Location: In YOUR rearview mirror!
This why there should be a new section added to the HTA for severity of this type of thing.
- leave roadway $110 and 0 points
- leave roadway causing damage $220 and 3 points
- leave roadway causing injury $325 and 6 points

It is a waste of resources (police, fire, EMS) responding to incidents where drivers can not keep their vehicle on the road.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
PostPosted: Fri Nov 06, 2009 8:25 pm 
Offline
Sr. Member
User avatar

Joined: Thu Feb 26, 2009 11:45 am
Posts: 709
Location: Orillia
I thought Fantino proposed that a few years ago. What became of it?

_________________
         Image


Top
 Profile  
 
PostPosted: Sat Nov 07, 2009 11:47 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2667
Location: In YOUR rearview mirror!
Squishy wrote:
I thought Fantino proposed that a few years ago. What became of it?


think it was after some winter storm where there was well over 1000 vehicles needlessly in ditches and it was mentioned in the paper, but don't think any government mentioned it.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


Top
 Profile  
 
PostPosted: Fri Mar 12, 2010 1:15 am 
Offline
Newbie

Joined: Sat Oct 10, 2009 9:07 pm
Posts: 2
Just an update: the charge was dropped


Top
 Profile  
 
PostPosted: Fri Mar 12, 2010 1:43 am 
Offline
Jr. Member
User avatar

Joined: Fri Jan 29, 2010 2:05 pm
Posts: 94
Ya the police just want some money for responding to the scene. I guess the tax increaces arnt enough. They lay careless charges to easily. Glad you didn't have to pay. So Can you fill in the blanks as to how the charge was dropped?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 10 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. The CARELESS DRIVING CHARGE!

paralegal2006

1

2281

Thu Mar 12, 2009 8:33 pm

hzafar View the latest post

There are no new unread posts for this topic. Careless Driving Charge 06/28/09

theemb

9

784

Thu Jul 02, 2009 10:37 pm

Reflections View the latest post

There are no new unread posts for this topic. Need help with careless driving charge

sasse89

7

1286

Mon Oct 05, 2009 1:22 pm

racer View the latest post

There are no new unread posts for this topic. My Careless Charge Story

MLEO

0

406

Sun Dec 27, 2009 9:18 pm

MLEO View the latest post

There are no new unread posts for this topic. careless driving charge

Jake1962

1

379

Wed Jan 05, 2011 12:42 pm

Simon Borys View the latest post

 


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to: