Careless charge

rwkenwell
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Careless charge

by: rwkenwell on
Sun Jul 23, 2017 8:43 pm

I will keep it brief but here goes, I was driving down Bouchard street in Sudbury in a company truck at 50 km after picking up some parts from a supplier that I placed on the passengers seat and was headed back to the shop, when an alternator rolled from the seat because of a decline in the road I looked down because of the noise that it made hitting the floor for about 2 to 3 seconds and when I looked back up traffic was dead stopped in front of me I made a motion for the brakes and because of heavy work boots which I have to wear under the OHS act cause the truck is a work place I missed the peddle the first time and made a second attempt but it was to late Ii struck the car in front of me and caused a 4 car pileup. The fire dept arrived at the since and nobody was hurt they took down info call a tow truck for mine and the car I hot while the other 2 were able to drive. no police showed up and I was told to go to the collision center were I made a report and was handed a Careless charge. I am not sure if the ECM data was recovered from my truck to prove what happened or they just charged me with careless as the officer said we have a good ideal what happened because of or expertise in collision reconstruction.
No officer attended the accident sense of a 4 car pile up boggles my mind, no pictures, no report no, measurements nothing.


ShrekTek
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by: ShrekTek on
Mon Jul 24, 2017 8:43 am

Careless is a serious charge and will cause your insurance to skyrocket the same as a DUI, so you are probably going to want to hire legal representation to fight this.

Before you pay out any money though, you can do the following:

Plead not guilty and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (copy of officers notes, witness statements, accident report). Once you receive all the disclosure, you can call and try to schedule meeting with prosecutor before the trial date. If the prosecutor is willing to drop the charge down to something less serious than careless, then you should take the plea deal so your insurance will only affected minimally. If the prosecutor is not willing to offer you any deal, then you need to hire a lawyer to fight it in court.

A momentary lapse in attention is not careless.

Google the following exactly
paralegal driving charges R. v. Beauchamp R. v. Ereddia

and read the article titled "Driving Charges"
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek




Whenaxis
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by: Whenaxis on
Mon Jul 24, 2017 11:04 am

"Careless driving" tends to be a catch-all offence when an accident happens and the police don't really know what section of the Highway Traffic Act to charge you with.

Did you receive an offence notice or a summons?


rwkenwell
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by: rwkenwell on
Mon Jul 24, 2017 4:27 pm

Whenaxis wrote:"Careless driving" tends to be a catch-all offence when an accident happens and the police don't really know what section of the Highway Traffic Act to charge you with.

Did you receive an offence notice or a summons?
Yes they gave me a ticket with a 400 dollar fine and 90 dollar costs


argyll
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Posting Awards

by: argyll on
Mon Jul 24, 2017 5:17 pm

Did anyone else make a report ? Did they caution you ? Statements made through mandatory reporting requirements of the HTA are generally not admissible as evidence against you.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


rwkenwell
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by: rwkenwell on
Mon Jul 24, 2017 7:46 pm

argyll wrote:Did anyone else make a report ? Did they caution you ? Statements made through mandatory reporting requirements of the HTA are generally not admissible as evidence against you.
Not sure if anybody else made a report and all I did was make a report at the collision center with no caution. I will have to ask the prosecutor what evidence he has and statement's I think he has nothing.


ME AGAIN
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by: ME AGAIN on
Tue Jul 25, 2017 3:18 pm

Ask the prosecutor to amend the charge to "Fail to Turn Out to Left to Avoid Collision – Section 148 (5) of the HTA – Set Fine = $ 110 " It carries 2 demerit points and I have seen this amendment many times.


rwkenwell
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by: rwkenwell on
Tue Jul 25, 2017 4:55 pm

ME AGAIN wrote:Ask the prosecutor to amend the charge to "Fail to Turn Out to Left to Avoid Collision – Section 148 (5) of the HTA – Set Fine = $ 110 " It carries 2 demerit points and I have seen this amendment many times.
Good I deal Thanks when I see him I will suggest that.


rwkenwell
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by: rwkenwell on
Tue Jul 25, 2017 5:58 pm

rwkenwell wrote:
ME AGAIN wrote:Ask the prosecutor to amend the charge to "Fail to Turn Out to Left to Avoid Collision – Section 148 (5) of the HTA – Set Fine = $ 110 " It carries 2 demerit points and I have seen this amendment many times.
Good I deal Thanks when I see him I will may suggest that.
What is a charge with 0 points and small fine that would fit I may push for that cause I am sure I could beat the careless charge.


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