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Almost hit a pedestrian
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PostPosted: Mon May 14, 2012 11:50 pm 
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I was making a left turn, didn't have headlights on and was putting on my seatbelt at a time. Really stupid thing to do, was very stressed out and just feel dumb about it. What am I facing, and what impact will it have on my insurance? On ticket it just says Careless driving, there are no details..


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Re: Almost hit a pedestrian
PostPosted: Tue May 15, 2012 2:59 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
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if you didn't hit anyone? why were you given the careless driving charge


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Re: Almost hit a pedestrian
PostPosted: Tue May 15, 2012 3:48 pm 
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If you get convicted, the consequences will be harsher than any other traffic violation. It is a major offence and insurance company will not take it lightly. You should absolutely request a trial for this charge. From there, you can either get a lawyer/paralegal right away and let them handle it, or wait for trial date, and try to negotiate a plea bargain with a prosecutor. If you pick the latter and are not happy with the plea bargain offer, I think you should be able to ask the court to reschedule the trial so you can get legal guidance.

I do think your chances of getting it reduced, if not thrown out entirely, are pretty good. I have seen people get "improper left turn" charges for causing real accidents with major injuries, a "near miss" like that should not get "careless driving".


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Re: Almost hit a pedestrian
PostPosted: Tue May 15, 2012 4:09 pm 
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iFly55 wrote:
if you didn't hit anyone? why were you given the careless driving charge


A collision isn't required to lay the charge. If the officer observed the combination of no lights, no seatbelt and unsafe turn, I think the argument could be made the OP was driving without due care and attention.

The lack of collision will probably help in getting a plea deal however.


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Re: Almost hit a pedestrian
PostPosted: Tue May 15, 2012 7:18 pm 
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Yeah, could probably get "fail to yield" or something like that... but the combination of circumstances, as Stanton pointed out, probably is what led to the original charge.

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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. *
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Re: Almost hit a pedestrian
PostPosted: Tue May 15, 2012 11:04 pm 
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Joined: Mon May 14, 2012 11:41 pm
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Thanks for replies. I'm going to seek consultation. It was just really dumb of me, I never had any tickets before and just really felt stressed out that moment, should've taken a deep breath before turning on ignition. I learned my lesson and will never be such a douchebag again.

That being said, does the fact that on a ticket there are no details mean anything? It just says "Careless Driving", without details. I am sure he has a report, but should I have asked for a copy of it? I also failed to mention that this happened as I was making a left turn from a side street on which I was parked, so it's not that I was driving around with no seatbelt/lights - I literally drove like 20 meters before I got pulled over.


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