I basically had a car crash. I'm a young driver under 21. I was driving from work. Had a cold, long shift, didn't eat too much (due to the cold), was working in a cold environment which didn't aid the cold. So I felt nausea while driving and felt like vomiting. My car started to slide to the left and next thing I was in a ditch driving towards a pole. I tried steering out and breaking but the car started to jerk and I could not get out, crashed into the pole and totalled my car. I was given a ticket for careless driving. The road was wet and it was raining. The car is written off. So I'm attempting to fight this and have a lawyer as well. Any advice? I am really scared and nervous being at such a young age and with such a serious ticket. Thank you.

You have already done what is regularly suggested on this site, and that is to get legal council. Let them do the leg work..... I cannot comment on the outcome, but just wait and listen to what the lawyer says.... go from there and good luck.

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

Does it look like I have any chance?

-I also want to note, I wasn't feeling nausea before driving, it came suddenly (maybe the smell of food triggered it) and thats when I lost control, it momentarily impaired my ability to drive. - I don't know if thats a good thing to say though.

- Also this occurred in Milton - does anyone know how long it'd take to receive the court date?

Legal advice was the best route. I know from past experience that there needs to be a witness to the careless driving. No witness, no statement - how does the officer know you were driving carelessly? He must of assumed you were driving carelessly because your car was wrecked - assumptions have no standings in court.

I'd disagree with that. There needs to be evidence that it was you driving and that you were driving in a careless fashion, but it doesn't require a witness. While a witness can strengthen the case, evidence can still be obtained through physical evidence at the collision scene or through a statement provided by the accused.

Quite likely the Crown will offer a plea deal to a reduced charge. It will be up to you and your lawyer to determine if you should take the deal or take your chances at trial.

I've not talked to a prosecutor, I am going straight to court. At the court is it possible to obtain a lesser charge? Or is it either I'm guilty or not guilty?

The Crown will typically offer plea deals right up to the start of trial. Once the trial starts however you're basically either guilty or not guilty.

Is it worth the gamble going for the trial?

That would be a decision best left to your lawyer. They can review the evidence and determine the strength of the Crown's case.

Thank you. I'm extremely worried about this case. A little scared. Never been in something so serious. Thanks for all the help and if there is anymore advice please do tell.

Actually, they do. Judges often have to assume things to be true when they make findings of fact. Judges are also entitled to draw reasonable inferences from those assumptions/facts.

Remember, the standard required is not one of absolute proof.

_________________
Former Police Officer, Law Student, and aspiring Criminal Lawyer
http://www.SimonBorys.ca - Bio and Blog

NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.

Remember, the standard required is not one of absolute proof.

What about reasonable doubt?

That's the standard of proof required for a conviction, beyond a reasonable doubt. But the fact that there isn't a witness does not automatically mean there's reasonable doubt. Think of the many serious criminal trials for offences like murder where there's no witness, but people are still convicted.