Careless driving: No accident. No injury. No racing...

malibumaxx
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Careless driving: No accident. No injury. No racing...

Unread post by malibumaxx on

I got a careless Driving ticket for $325 this morning and I'm freaking out.

Today at around 6:50 am I was driving Eastbound on Lakeshore in Mississauga and got into the left turn lane at Cawthra.

As I approached the intersection to turn left, there was one car in front of me in the left turn lane, and I could see a car coming in the opposite direction.

I saw the oncoming car before the car in front of me started to turn left, and decided there was enough for both of us to make our left turn.

Just as I started to go into my turn, I realized the car in the opposite lane was going faster than I anticipated, but because I had already committed to turning I had to dramatically speed up to avoid an accident.

Just my luck that the oncoming car was a police car, and he promptly turned around and caught up to me to give me a ticket. I barely said anything to the Officer (who lectured me) even though I was steaming mad that he was definitely speeding (without his lights flashing).

I'm wondering what is the best way to handle this without taking a beating in points, my insurance.

Please help?

Thanks,

John


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Simon Borys
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Unread post by Simon Borys on

The fine for careless driving is now $490. $325 is the old fine.

The case R. v. Monahan et al., 2009 ONCJ 298 (CanLII), which can be found here: http://www.canlii.org/en/on/oncj/doc/20 ... cj298.html states that an incorrect set fine means that the certificate is not complete and regular on its face and thus is subject to being quashed.

Of course the crown can try to amend the ticket at trial.
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malibumaxx
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Unread post by malibumaxx on

Thanks Simon, that's certainly a good place to start.

That aside...how should I expect to fair if the witness is the police officer himself?

What about these places like Points/X-Copper/Ott Legal ?

They any good?


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Unread post by Simon Borys on

The officer's evidence, like any witnesses, will be evaluated based on its own merits. Keep in mind that if the crown is going to proceed to a trial on careless, they have to prove that your driving constituted "without due care and attention or without reasonable consideration for other persons using the highway", which is not the easiest thing to prove. There are certainly counter arguments you could make against. I guess that's where a paralegal or lawyer would come in handy.

Of course one of your other options, as will all tickets, is to try to plea to a lesser offence, perhaps improper turn in this case.
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Unread post by Traffic Law on

With all respect to previous posts - this charge is a WINNER. There will be no trial (unless you make a mistake and ask for one) and you will walk away with clear record and no fine. Wrong set fine! Let it go and File an appeal.
Good luck.


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Unread post by confused1016 on

i recently was also in an accident where i am being charged for careless driving, the set fine was written as $260 and the total payable amount the officer wrote $400 is this correct. Thank you for any responses.


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Unread post by Traffic Law on

The charge of Careless Driving issued after 01 January 2010 "must" reflect the fine of $400 and total payable of $490. All other amounts give you grounds to get the ticket quashed. There is a technical process that "must" be followed in order to get the order you seek.

Appearance in court "Will" remedy the mistake and amendment granted.






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