Careless Driving Advice--First Ticket

johnt2_2002
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Careless Driving Advice--First Ticket

by: johnt2_2002 on
Thu Mar 03, 2011 9:08 pm

Today I got issued a ticket for careless driving. Officer was not polite and shout's "what is your problem!" I tell him "nothing, no problem" He begins to tell me I tried to blow a yellow light, claims I was speeding(no radar), and I failed to immediately pull over. Without an explanation from me, he shouts"your getting a careless" and asks for my info. I did not hear the siren as my radio was on and I drive a commercial van and was not able to see him in my side mirrors.

I plan on getting legal advice, possibly OTT Legal Services--any thoughts/reviews for them?

What else should I look/ask for. Any advice will be much appreciated. I have a clean driving record with
4yrs of experience.


Stanton
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by: Stanton on
Fri Mar 04, 2011 2:04 pm

t's a fairly serious charge, so legal representation may be recommended. That being said, based on your version of events, I think it's quite likely the Crown would offer you a plea deal to some lesser charge such as fail to pull over. A legal representative could give you the best idea of how strong a case the Crown has with careless and whether you should accept a plea or simply fight the charge outright. The Crown will have to show that the sequence of infractions you committed constituted careless driving.

Two quick points, a radar reading isn't necessary. The officer can still give evidence in regards to your speed compared to other cars and traffic and how you were driving. Also, depending on how long it actually took you to pull over, being unaware of the officer because you're not checking mirrors/radio too loud doesn't sound like much of an excuse.


johnt2_2002
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by: johnt2_2002 on
Fri Mar 04, 2011 5:52 pm

Thank you for the reply. I've hired a paralegal to look over my case and have requested a trial date. I've informed my paralegal of the events. Advised him that the light had just turned yellow as I was about to go through the intersection, I may have been doing close to 70kmh but no where near what the officer estimates I was doing, and I did not see/hear the officer.

What other lesser charge may apply in my case? I understand the defense and course of action depends on the officers evidence at this point, but will like to do more research. Thanks again.


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Simon Borys
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by: Simon Borys on
Fri Mar 04, 2011 5:58 pm

Stanton wrote:a radar reading isn't necessary. The officer can still give evidence in regards to your speed compared to other cars and traffic and how you were driving.
Just so people don't get confused, this is the case for careless, not for speeding offences - those need an actual speed measurement.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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