Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

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 ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Careles Driving - Pedestrain hit, no injury
Author Message
PostPosted: Thu Nov 26, 2009 12:25 am 
Offline
Newbie

Joined: Wed Nov 25, 2009 11:57 pm
Posts: 4
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...


Top
 Profile  
 
PostPosted: Fri Nov 27, 2009 8:09 am 
Offline
Newbie

Joined: Wed Jul 01, 2009 6:58 pm
Posts: 2
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.


Top
 Profile  
 
PostPosted: Mon Nov 30, 2009 11:30 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
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


Top
 Profile  
 
PostPosted: Sat Dec 05, 2009 3:45 pm 
Offline
Newbie

Joined: Wed Nov 25, 2009 11:57 pm
Posts: 4
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


Top
 Profile  
 
PostPosted: Sat Dec 05, 2009 4:25 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml

Quote:
# 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


Top
 Profile  
 
PostPosted: Wed Dec 09, 2009 12:52 pm 
Offline
Member
User avatar

Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga
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.


Top
 Profile  
 
PostPosted: Thu Dec 10, 2009 6:49 pm 
Offline
Newbie

Joined: Wed Nov 25, 2009 11:57 pm
Posts: 4
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


Top
 Profile  
 
PostPosted: Thu Dec 10, 2009 7:35 pm 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
PostPosted: Wed Dec 16, 2009 7:41 pm 
Offline
Newbie

Joined: Wed Nov 25, 2009 11:57 pm
Posts: 4
Quote:
**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


Top
 Profile  
 
Careless Driving
PostPosted: Fri Dec 25, 2009 11:47 am 
Offline
Jr. Member

Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
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


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. Careless Driving~Pedestrain hit, no injuries,no damage

drivercb

2

1069

Tue Dec 01, 2009 12:39 am

Radar Identified View the latest post

There are no new unread posts for this topic. I need help- careles driving, HTA130

mar22

5

2232

Wed Aug 26, 2009 10:42 pm

David Chatten View the latest post

There are no new unread posts for this topic. Careless driving, no accident, no injury, please help

raj

3

892

Sat Oct 02, 2010 12:26 am

Radar Identified View the latest post

There are no new unread posts for this topic. Careless driving, no accident, no injury, no racing etc.

SlowGsr

2

1774

Tue Mar 16, 2010 10:01 am

Reflections View the latest post

There are no new unread posts for this topic. Careless driving: No accident. No injury. No racing...

malibumaxx

6

1243

Mon Nov 08, 2010 4:43 pm

Traffic Law View the latest post

There are no new unread posts for this topic. charged Careless driving while got hit by the other cars

CyberV

2

919

Mon Mar 21, 2011 8:27 pm

Stanton View the latest post

There are no new unread posts for this topic. Hit a bike, charged with Careless Driving

MadDoctor5813

4

906

Sun Oct 20, 2013 9:52 pm

hk111 View the latest post

There are no new unread posts for this topic. UK resident hit by stunt driving ticket in ontario

areaseventeen

1

823

Sat Aug 13, 2011 9:23 pm

Stanton View the latest post

There are no new unread posts for this topic. Careless driving on a Bicycle - hit by a taxi driver

juliavanz18

6

872

Sat May 23, 2015 11:49 am

jsherk View the latest post

There are no new unread posts for this topic. help quick, fined careless driving, hit pedestrian

jaysonk1

5

843

Thu May 26, 2016 12:48 am

rank View the latest post

There are no new unread posts for this topic. Attachment(s) careless driving because pedestrian claims my car hit her

[ Go to pageGo to page: 1, 2, 3, 4 ]

dude

58

1410

Wed Feb 15, 2017 5:41 pm

jsherk View the latest post

There are no new unread posts for this topic. Careless Driving - Left Turn Hit A Pedestrian

clementine

6

640

Fri Jan 13, 2017 9:58 am

bobajob View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


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:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.