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Prep for early resolution meeting
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PostPosted: Wed Sep 07, 2016 3:22 am 
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Joined: Wed Sep 07, 2016 2:59 am
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Hi

My wife got charged with careless driving in a recent accident - ran over the curb hit a concrete base of the lamp post, when attempting to change lanes in busy traffic and lost control of the vehicle while looking in the blind spot. I've asked for early resolution meeting - how should I prepare myself to get the charges removed totally? Here's why I think the charges be removed completely - please correct any details i should omit, or add other things I should consider adding:

- she was slowly cruising on the lane that had an obstruction coming up, and wanted to change to the next lane
- she had the indicator on for quite a long time, but no one gave her way. she had to look at the mirror and blind spot multiple times
- heavy traffic conditions - 9 am on the busy King St approaching downtown hamilton.
- she was feeling little nauseous and all she remembers was the pole coming in front after her attention shifted from the blind spot to the front, and was too late hitting the break.

the police said they had no choice but to give a ticket as per standard practice. I've requested early resolution date, and possibly going to fight the case - as I don't see what was careless in my wife's driving. In my opinion, she was more careful.

Would like to hear thoughts from some of the experts here. Appreciate all the help.

Thanks.


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Re: Prep for early resolution meeting
PostPosted: Wed Sep 07, 2016 7:53 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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Most likely the early resolution meeting will involve the prosecutor not wanting to hear any of your arguments... that is what trial is for.

The prosecutor may just offer you a plea deal right away, knowing that careless drinving is actually hard for them to prove. Or the prosecutor might just say they have no intention of offering you a plea deal and will be pursuing the full charge of careless driving.

From insurance perspective, I beleive Careless is a SERIOUS offence which is the worst possible thing you can ever have against your insurance (100% increase). If the prosecutor offers you a plea deal down to something that is considered only a MAJOR offence you may want to take that because this not nearly as bad as a SERIOUS one. Prosecutor will not know what is SERIOUS or MAJOR though so you will need to call your insurance company and ask them for a list of MINOR, MAJOR and SERIOUS offences so you know if what they offer is a good deal or not.

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Re: Prep for early resolution meeting
PostPosted: Wed Sep 07, 2016 9:15 am 
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Joined: Fri Jun 25, 2010 3:30 am
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I don't see anything in the narrative that would warrant a withdrawal of the charge. Effectively she drove into an immovable object, did she not ? That would be as clear as careless gets. You might get a deal down to a fail to turn out to avoid collision but the factors you listed, traffic, nausea etc do not take away from the fact of the driving.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Prep for early resolution meeting
PostPosted: Wed Sep 07, 2016 10:22 am 
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Joined: Wed Sep 07, 2016 2:59 am
Posts: 2
thanks jsherk and argyll for the feedback. couple of questions:

1. Does the prosecutor study the case (police notes, etc.) before early resolution? or do they put a blind offer? also, can I request discovery before the early resolution date?

2. I will be calling my insurance company (TD Meloche Monnex) to confirm - but does anyone have experience if first accident forgiveness also forgives the ticket that came with it? or are they considered two separate events? i.e. 1) at-fault accident claim and 2) traffic ticket

Thanks in advance


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Re: Prep for early resolution meeting
PostPosted: Wed Sep 07, 2016 10:50 am 
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Joined: Fri Jun 25, 2010 3:30 am
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The prosecutor should review the Crown Brief prior to the meeting so that they know what sort of deal to offer. A first-time offender should be treated differently to a serial offender for example. He or she likely will also want to know what kind of case there is and whether they feel they'd like to bargain in away or go for the original charge.

My understanding is that accident forgiveness is just that - for the accident only but I am not completely sure about that so very willing to be corrected.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Prep for early resolution meeting
PostPosted: Wed Sep 07, 2016 11:46 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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The prosecutor will have some idea of the what happened but may or may not have the full officers notes yet. You will not get disclosure before the early resolution meeting.

Each insurance company is different, so you have to ask about all that forgiveness stuff. You had an accident and a claim so that may be what is forgiven. The conviction on the ticket itself may not be forgiven though and that will cause a HUGE increase.

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+++ This is not legal advice, only my opinion +++


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