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
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.
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.
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.
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?
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 ?
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.
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.
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.
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.
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.
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.
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.
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.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…
