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

Careless charge
Author Message
PostPosted: Sun Jul 23, 2017 8:43 pm 
Offline
Newbie

Joined: Sun Jul 23, 2017 8:08 pm
Posts: 5
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.


Top
 Profile  
 
Re: Careless charge
PostPosted: Mon Jul 24, 2017 8:43 am 
Offline
Jr. Member

Joined: Fri Jun 16, 2017 6:52 pm
Posts: 72
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


Top
 Profile  
 
Re: Careless charge
PostPosted: Mon Jul 24, 2017 10:17 am 
Offline
Sr. Member

Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
There is close to a 100% chance you will be offered a lesser charge...


Top
 Profile  
 
Re: Careless charge
PostPosted: Mon Jul 24, 2017 11:04 am 
Offline
Jr. Member

Joined: Tue Dec 13, 2016 7:26 pm
Posts: 94
"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?


Top
 Profile  
 
Re: Careless charge
PostPosted: Mon Jul 24, 2017 4:27 pm 
Offline
Newbie

Joined: Sun Jul 23, 2017 8:08 pm
Posts: 5
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


Top
 Profile  
 
Re: Careless charge
PostPosted: Mon Jul 24, 2017 5:17 pm 
Offline
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 762
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 !


Top
 Profile  
 
Re: Careless charge
PostPosted: Mon Jul 24, 2017 7:46 pm 
Offline
Newbie

Joined: Sun Jul 23, 2017 8:08 pm
Posts: 5
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.


Top
 Profile  
 
Re: Careless charge
PostPosted: Tue Jul 25, 2017 3:18 pm 
Offline
Jr. Member

Joined: Sat Dec 04, 2010 10:52 pm
Posts: 30
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.


Top
 Profile  
 
Re: Careless charge
PostPosted: Tue Jul 25, 2017 4:55 pm 
Offline
Newbie

Joined: Sun Jul 23, 2017 8:08 pm
Posts: 5
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.


Top
 Profile  
 
Re: Careless charge
PostPosted: Tue Jul 25, 2017 5:58 pm 
Offline
Newbie

Joined: Sun Jul 23, 2017 8:08 pm
Posts: 5
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.


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 charge

Mugs

4

858

Tue Jun 10, 2014 7:48 am

Mugs View the latest post

There are no new unread posts for this topic. careless charge

viper1

5

898

Wed Jul 06, 2016 1:48 pm

argyll View the latest post

There are no new unread posts for this topic. The CARELESS DRIVING CHARGE!

paralegal2006

1

4047

Thu Mar 12, 2009 8:33 pm

hzafar View the latest post

There are no new unread posts for this topic. Careless Driving Charge 06/28/09

theemb

9

2352

Thu Jul 02, 2009 10:37 pm

Reflections View the latest post

There are no new unread posts for this topic. Need help with careless driving charge

sasse89

7

2662

Mon Oct 05, 2009 1:22 pm

racer View the latest post

There are no new unread posts for this topic. My Careless Charge Story

MLEO

0

881

Sun Dec 27, 2009 9:18 pm

MLEO View the latest post

There are no new unread posts for this topic. careless driving charge

Jake1962

1

1105

Wed Jan 05, 2011 12:42 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Help with my careless driving charge?

evader

13

7382

Sun Oct 16, 2011 11:45 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Careless Driving charge... HELP

Reds123

4

1720

Mon Jan 16, 2012 8:51 pm

manwithaplan View the latest post

There are no new unread posts for this topic. Need help with Careless Driving charge

jer0n

6

895

Wed Feb 15, 2012 8:25 pm

jer0n View the latest post

There are no new unread posts for this topic. CARELESS DRIVING CHARGE

NANP

3

892

Wed Feb 15, 2012 10:48 pm

NANP View the latest post

There are no new unread posts for this topic. Careless Driving Charge

Nowisthetime

4

876

Thu Jan 10, 2013 4:58 pm

Nowisthetime 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.