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Careless Charge - Weather Conditions
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PostPosted: Tue Nov 24, 2015 11:11 am 
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Joined: Tue Nov 24, 2015 10:58 am
Posts: 3
Hi,

I can't wait until this is all behind me. Looking to get some points from people with experience.

I had a recent accident where my car slid across the road and was struck by an oncoming vehicle. It was the first day of rain after a month of heat wave. I had been driving for 45+ minutes going home without issue. The weather was on and off light drizzle/rain. Just prior to the corner the rain was so light that I didn't even have my wipers on, the sky was lightening up. I slowed to approx. 75km/hr coming up to the corner. I made probably 80% of the corner, but the corner tightens at the end and my car just went straight across the road. There happened to be a truck within a car length and struck me. I was the only one injured and was taken to hospital via ambulance. I had no chance at all to react, it was maybe 1 to 2 seconds after sliding I was hit. I was not distracted, no phone, no alcohol, nothing. Just trying to get home.

I have had no priors offences, I have been driving for 15+ years. There was no indication to me that conditions were dangerous, I have seen it all while driving. That day though, was first rain after a month long heat wave. There were numerous accidents at the same time as mine in the area. I know a handful of people who also slid around that exact same time, I just drew the short straw.

The officer apparently came into the ER, but I have no memory of it. I got disclosure and apparently I was interviewed and said I was going "80 - 82", but that's not the case. Regardless, the rest of my statement was shoddy at best, I even gave the wrong direction of travel, I was in a lot of pain and shock.. hence why I don't even remember speaking with the officer.

The other passengers were fine, thankfully, and both vehicles were a write off.

I couldn't find anything grossly wrong in the disclosure. The details of what the other witness said were also suspect, meaning details didn't make sense, I am assuming they were in shock also. There were no other witnesses. I have a early meeting, whatever they call it, this week.

I am just in awe of this charge.

Any help/thoughts/points would be appreciated!


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Re: Careless Charge - Weather Conditions
PostPosted: Tue Nov 24, 2015 2:18 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
It is very common for the cops to charge careless at an accident, no matter how the accident actually happened. Once in court, there is room to deal down the charge to something lesser, such as drive left of centre, fail to drive in marked lane, drive off roadway and such. If they laid one of those charges to begin with, there would be no wiggle room to drop it down to a lesser charge, usually because there is no lesser charge from there. So, if what you say is true, and you have a clean record, there is an above average chance the prosecutor will offer you a lesser form of charge. You may take the plea deal or decide to fight the careless driving charge itself. Just remember, if you get convicted of careless driving, it is 6 points and your insurance rates will likely sky rocket.


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Re: Careless Charge - Weather Conditions
PostPosted: Tue Nov 24, 2015 2:34 pm 
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Joined: Tue Nov 24, 2015 10:58 am
Posts: 3
screeech wrote:
It is very common for the cops to charge careless at an accident, no matter how the accident actually happened. Once in court, there is room to deal down the charge to something lesser, such as drive left of centre, fail to drive in marked lane, drive off roadway and such. If they laid one of those charges to begin with, there would be no wiggle room to drop it down to a lesser charge, usually because there is no lesser charge from there. So, if what you say is true, and you have a clean record, there is an above average chance the prosecutor will offer you a lesser form of charge. You may take the plea deal or decide to fight the careless driving charge itself. Just remember, if you get convicted of careless driving, it is 6 points and your insurance rates will likely sky rocket.


Well it's all true, I have the unfortunate ability to be honest to a fault.

Also, I forgot to mention that the other persons statement said they were travelling 83. I mean, it should show that, like me, it was not obvious there was hazardous conditions.

It feels so wrong to accept any charge.


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Re: Careless Charge - Weather Conditions
PostPosted: Tue Nov 24, 2015 5:07 pm 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
I'm not saying take the lesser charge. It is your right to fight any charge. There is case law out there about careless driving charges being laid, when they shouldn't be, when the weather was obviously to blame, such as a bad winter storm. (not sure if a light drizzel would count) Careless driving charges can be very hard to prove so you may stand a good chance if you do go to trial. You may want to seek good legal representation on this, like I said, a Careless Driving conviction on your record is nasty.


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Re: Careless Charge - Weather Conditions
PostPosted: Tue Nov 24, 2015 5:17 pm 
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Joined: Tue Nov 24, 2015 10:58 am
Posts: 3
screeech wrote:
I'm not saying take the lesser charge. It is your right to fight any charge. There is case law out there about careless driving charges being laid, when they shouldn't be, when the weather was obviously to blame, such as a bad winter storm. (not sure if a light drizzel would count) Careless driving charges can be very hard to prove so you may stand a good chance if you do go to trial. You may want to seek good legal representation on this, like I said, a Careless Driving conviction on your record is nasty.


Sorry, I realize you weren't suggesting that. Would driving near/below the speed limit and losing control constitute careless driving?

Any other opinions/ideas/suggestions, etc.?


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Re: Careless Charge - Weather Conditions
PostPosted: Wed Nov 25, 2015 10:30 am 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
You should read these threads:
topic7032.html
topic7039.html

_________________
+++ This is not legal advice, only my opinion +++


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Re: Careless Charge - Weather Conditions
PostPosted: Wed Nov 25, 2015 5:14 pm 
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Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
kseller wrote:
Would driving near/below the speed limit and losing control constitute careless driving?


It could, yes.


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