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

Careless driving: No accident. No injury. No racing...
Author Message
PostPosted: Tue Oct 19, 2010 9:07 am 
Offline
Newbie

Joined: Tue Oct 19, 2010 8:57 am
Posts: 2
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


Top
 Profile  
 
PostPosted: Tue Oct 19, 2010 12:43 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
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.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
PostPosted: Tue Oct 19, 2010 12:58 pm 
Offline
Newbie

Joined: Tue Oct 19, 2010 8:57 am
Posts: 2
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?


Top
 Profile  
 
PostPosted: Tue Oct 19, 2010 7:54 pm 
Offline
VIP
User avatar

Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
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.

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Top
 Profile  
 
PostPosted: Sun Oct 24, 2010 9:51 am 
Offline
Member
User avatar

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


Top
 Profile  
 
PostPosted: Fri Nov 05, 2010 5:14 pm 
Offline
Newbie

Joined: Fri Nov 05, 2010 5:01 pm
Posts: 2
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.


Top
 Profile  
 
PostPosted: Mon Nov 08, 2010 4:43 pm 
Offline
Member
User avatar

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


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 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, no accident, no injury, no racing etc.

SlowGsr

2

1773

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, please help

raj

3

890

Sat Oct 02, 2010 12:26 am

Radar Identified View the latest post

There are no new unread posts for this topic. Minor car accident no injury

kanato

3

1094

Thu Jan 07, 2010 8:44 pm

Radar Identified View the latest post

This topic is locked, you cannot edit posts or make further replies. Accident Cause of Careless Driving

mnstrcck

0

978

Wed Mar 07, 2012 4:11 pm

mnstrcck View the latest post

There are no new unread posts for this topic. Careless Driving after 2 accident

Emily

13

1425

Tue Nov 05, 2013 2:55 pm

Emily View the latest post

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

MsDeeya

6

1563

Wed Nov 06, 2013 11:53 pm

MsDeeya View the latest post

There are no new unread posts for this topic. Got into second accident and careless driving again. Help

MsDeeya

3

977

Sun Nov 24, 2013 6:35 pm

Stanton View the latest post

There are no new unread posts for this topic. First Accident - Careless Driving

heath26

2

1225

Fri Feb 28, 2014 2:49 pm

287 View the latest post

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

jkbla

1

832

Sat Jan 10, 2015 12:01 am

bend View the latest post

There are no new unread posts for this topic. Careless driving - first accident

plmqaz

0

977

Sun Dec 21, 2014 7:32 pm

plmqaz View the latest post

There are no new unread posts for this topic. Careless Driving / Accident with 2 other cars.

redcaesar

2

681

Wed Jun 01, 2011 9:58 pm

redcaesar View the latest post

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

1070473

3

1827

Sat Dec 20, 2014 3:04 am

1070473 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.