Careles Driving - Pedestrain hit, no injury

muggzz
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Careles Driving - Pedestrain hit, no injury

by: muggzz on
Wed Nov 25, 2009 11:25 pm

Here's my story:

I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I couldn't clearly make out the crosswalk. As the light turned green, i proceeded to drive through the intersection. As I came to the crosswalk on the north side out of nowhere a person (wearing a dark top) comes into view, and before I can stop I hit him on the front passenger side of my car.

Me as well as a witness both phoned EMS and the paramedics, fire dep., and police showed up as usual. The paramedics and police officer told me that the person I hit wasn't injured, just a little rattled.

I got a 325 Careless driving charge, but because there was no PI what are the chances of this getting knocked down to failure to yield, etc.?

I'm waiting on an xcopper quote right now just in-case I should need a rep, but if I were to take this to court on my own, what are the chances of me getting it reduced? I'm 20y/o male who unfortunately is only on his G2...


user1313
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by: user1313 on
Fri Nov 27, 2009 7:09 am

Get legal representation. Either a paralegal or a lawyer. Don't try and fight this on your own. Careless driving is a very serious charge. Since you are young, it will definitely affect your insurance rates.


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by: racer on
Mon Nov 30, 2009 10:30 pm

You definitely want to fight this one to avoid a license suspension! 6 points for a G2 driver = license gone for 30 days. Really bad for insurance.

Make sure to get the disclosure. The person you hit needs to show up for court as well.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


muggzz
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by: muggzz on
Sat Dec 05, 2009 2:45 pm

racer wrote:You definitely want to fight this one to avoid a license suspension! 6 points for a G2 driver = license gone for 30 days. Really bad for insurance.

Make sure to get the disclosure. The person you hit needs to show up for court as well.
!??!?!!?!!?

i thought it was if I went BEYOND 6 demerits it's a suspension!


nonetheless I've set up an appointment with a judge (pre-trial) to look for some early resolution


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by: racer on
Sat Dec 05, 2009 3:25 pm

http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml
# As a Class G1, G2, M1 or M2 driver, if you get two or more demerit points, you will be sent a warning letter.

# At six points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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by: Traffic Law on
Wed Dec 09, 2009 11:52 am

Invitation to an interview with a Ministry of Transportation is NOT an automatic D/L suspension. In fact I don't think I ever heard anyone suspended at the interview stage.


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by: muggzz on
Thu Dec 10, 2009 5:49 pm

Traffic Law wrote:Invitation to an interview with a Ministry of Transportation is NOT an automatic D/L suspension. In fact I don't think I ever heard anyone suspended at the interview stage.
but if im convicted, 6dem is an instant 30 day suspension right? what do u think my chances are of getting early resolution just by talking to a justice outside of trial during my appointment on this charge with no injury


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by: hwybear on
Thu Dec 10, 2009 6:35 pm

HTA OREG 339/94 (Demerit Points)
13. (1) If a person’s accumulated demerit points in a period during which he or she was a probationary driver total six or more, the Registrar shall, after giving notice, suspend the person’s driver’s licence.

(2) A licence suspended under subsection (1) shall not be reinstated until 30 days have elapsed from the date the licence was surrendered on account of the suspension or two years have elapsed from the date of the suspension, whichever occurs first.

(3) If a suspension is imposed on a person who, at the time of the suspension, is a probationary driver, the person’s accumulated demerit points for convictions for offences that occurred prior to the effective date of the suspension shall be reduced to zero on that date.

**Appears after the 30 days the points go back down to zero**
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


muggzz
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by: muggzz on
Wed Dec 16, 2009 6:41 pm

**Appears after the 30 days the points go back down to zero**
really? this actually seems to be a light in the increasing darkness lol, but i'm fairly confident that my license won't be suspended and that the charge will be reduced down to failure to yield. such is the advice of para-legals i've contacted


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by: OTTLegal on
Fri Dec 25, 2009 10:47 am

Having appeared many times in the Whitby Court, and considering the circumstances the prosecutor there will reduce the charge to a fail to yield charge for sure.

You should still try to get this to proceed to trial as you may be able to have the charge dropped completely if something goes wrong with the case.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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