Traffic's going 5km/hr bumper to bumper. People celebrating and making noise on the street. I am also going 5km/hr and I overrev the engine a couple of times (clutch in), no burnouts or anything. And the cop gives me the careless driving charge? I did not put anyone else or myself in danger.. and at 5km/hr??? Is this a joke? I asked the officier like four times why he thought I was careless driving and he said you overreved the engine and that's not the proper way to drive and told me to save the arguments for the court?
Careless Driving charge for overrevving the engine?
Traffic's going 5km/hr bumper to bumper. People celebrating and making noise on the street. I am also going 5km/hr and I overrev the engine a couple of times (clutch in), no burnouts or anything. And the cop gives me the careless driving charge? I did not put anyone else or myself in danger.. and at 5km/hr??? Is this a joke? I asked the officier like four times why he thought I was careless driving and he said you overreved the engine and that's not the proper way to drive and told me to save the arguments for the court?
-
Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: Careless Driving charge for overrevving the engine?
Unnecessary noise, maybe, but careless driving?! Well... you should be able to beat this one. Revving the engine at a standstill (or at a snail's pace) might be considered obnoxious but it's not careless driving. I guess the best way to start off is to make a disclosure request and get the officer's notes on the incident. From there, you can start building a case to defend yourself. Unless you did a standing burnout or peelout (which you didn't), I can't see this charge sticking in court. Main thing you want to show is that as far as manoeuvring the vehicle, with respect to traffic, pedestrians, etc., you were being careful and attentive. Just make sure that, no matter what, you don't get a careless driving conviction stuck on your record. It will blow your insurance rates out of the water.
Unnecessary noise, maybe, but careless driving?! Well... you should be able to beat this one. Revving the engine at a standstill (or at a snail's pace) might be considered obnoxious but it's not careless driving. I guess the best way to start off is to make a disclosure request and get the officer's notes on the incident. From there, you can start building a case to defend yourself.
Unless you did a standing burnout or peelout (which you didn't), I can't see this charge sticking in court. Main thing you want to show is that as far as manoeuvring the vehicle, with respect to traffic, pedestrians, etc., you were being careful and attentive.
Just make sure that, no matter what, you don't get a careless driving conviction stuck on your record. It will blow your insurance rates out of the water.
Its not Careless Driving
Its not Careless Driving, maybe unnecessary noise, but thats not what your charged with. I think that if you hire an agent who knows what there doing in Traffic Court that the charge should be dropped.
Its not Careless Driving, maybe unnecessary noise, but thats not what your charged with. I think that if you hire an agent who knows what there doing in Traffic Court that the charge should be dropped.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal
Re: Careless Driving charge for overrevving the engine?
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
"The hardest thing to explain is the obvious"
Ontario Traffic Ticket | Ontario Highway Traffic Act
Similar Topics
Featured Topics
fight stop sign
I got ticket for failing to stop at stop sign in Toronto. i heard that the police officer must see the stop line, if there is one, from where he was sitting. That is exactly my case, Is it a strong case? If so do i need a picture to show that there is a stop line and a picture to show that he could not see the stop line from where he was sitting?
Any help would be appreciated
Disobey stop sign, stop signs on both sides of intersection?
I got a ticket, Disobey stop sign, sec 136.1.a on dec 6th
I made a left in an intersection and was pulled over by a police officer in an unmarked car who had been sitting down the road. A classic fishing hole situation. I was genuinely surprised when he stopped me and told me I went through a stop sign without even slowing down. I know to shut up and be polite and take the ticket. I…
After accident, the police gave me a Careless Driving ticket
I'm having a big issue right now.
Yesterday morning, I rear-ended someone. I was going the speed limit. The sun was directly in front of me and it blinded my windshield and my eyes. At the same time, the person in front of me stopped/slowed down (also due to the sun). I started to slow down but didn't stop and I hit them since I couldn't see anything. I was not driving too close initially. I…
T-boned a limo - optical illusion
I was driving in the county at night and hit a limousine stretched out side ways across the road. The limo had its lights on and had side lighting as well. The police officer charged me with careless driving because it was "fully lit up".
It took me to the next day to figure out what had happened - what I remember made no sense. What I had run across was a "false visual reference" illusion.
The…
68 over ..
I was reading the other topic in this fourm.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster untill I got pulled over at 147 on an 80 km hwy.
I alreaddy lost 3 points and this time was just the…
Failure to stop. 136(1)(b)
Hello, got stopped today for rolling a stop sign. Ticket says failure to stop, but quotes hta 1361b.
Doesn't 1361b mean failure to yield?
Is this a fatal error? Or could it be amended at trial. How can I prepare a defence if I don't know if I'm defending the failure to stop or the failure to yield?
OOps! The police officer forgot to return my documents...
After he was providing me with a ticket for failure to obey to the stop sign (I am pretty sure I stopped but less than 3 seconds recommended by my driver ed. instructor), I know everybody say that..as an excuse.
Then he stopped me again to return the documents.
Any advice and feed back would be really appreciated.
Do I have a case where I could win?
Proof for advanced green
Hello, hoping here someone can help.
Can you get evidence for whether someone had an advanced green at an intersection? My dad was making a right turn on a red (after stopping) into a plaza parking lot. He got hit by someone making a left turn from the opposite lane. The driver told the officer called to the collision that he had an advance green. My dad said he came out of nowhere which makes me…
Failing to stop for a school bus
So i was driving on Eglinton Avenue East near Rosemount Ave.
The school bus was on the the curb on the opposite side of the road while i was travelling on the middle lane of the three-laned Eglinton Avenue East (five lanes apart plus a raised median island seperating the traffic)
I could not see the school bus as my view of the bus was being obstructed by the cars in front of me and on my left hand…
If/when do I have to disclose my evidence for a trial?
Lots of good information on getting disclosure from the Crown here.
Now, I am just wondering if I will be relying upon evidence of my own at trial... do I have to voluntarily send this material to the Crown in a reasonable time before the trial, or only if they request disclosure from me?
Thanks!
Ticket for speeding on highway 401 (125 km/h)
Hey,
This morning I had an exam for university. I was studying the entire night and i wanted to catch like maybe 1-2 hours of sleep before the exam so i went to sleep. I woke up like 5 hrs after and realize that I was about to miss my exam. I still could have made it so I asked my dad for his car since I was in a huge rush and he gave it to me.
I went on the highway and I was going at 135 km/h but…
30 over i need help he said he hade me on radar he was going
the police officer was in in the opesite oncumming lane he was fallowing another car so close that i was not even able to see his cruser till he was buy he said that i was going 111 in a 80 he said he hade me on radar he only asked for me drivers licencs and never asked for my insurence so on the ticket there no insurence dose enyone think i can beat this i wana take it to cort becuse he was…
New Moderator Board Approval
Here we grow again!
We have a volunteer that volunteered to help us out in forum moderation.
However, we would like our visitors to approve him here.
Please vote Yay! if you are OK with BelSlySTi becoming a moderator, or vote Nay! if you are not (I do, however, expect a post or a PM as to why).
Both me and admin are OK with him, however, we will not participate in this vote. Approval should be…
Plead guilty when not. Can I appeal?
Hi I have a couple questions so I'll explain my situation and any advice would be appreciated.
Can't remember exact date so lets call it some time in 2008 I got a fine for $5000.00 for driving without in insurance. I never paid the fine and in 2012 I was pulled over and the officer asked to see my license. Although I had it on me I figured it would be under suspension for the unpaid fine from…
Caught speeding excessively but wasn't pulled over
Alright, so I did something really stupid the other day, I was driving down a country road and wanted to hit the curves so I passed 3 cars at once, inadvertently making it up to very much past 50 over (80 limit)... Much to my chagrin there was a cop coming in the opposite direction who immediately skidded on the gravel shoulder and who I thought was 100% going to turn around and pull me over,…
Markham Rd East Courthouse
Anyone know how backed this courthouse is? I submitted my ticket for trial at the end of August, and still no letter. Im scared it got lost in the mail, can i call the courthouse and find out my courtdate? Or would i have to go in personally?
Failure to Use Low Beams - Following
I recently received a ticket for failure to use low beams - while following - Ticket was issued Sec 168 (
- it was on the 401 and no one was within 500 meters of me, I was warning a oncoming vehicle that there was an officer hiding (which is not illegal or I could not find a law against it) it was a police vehicle travelling at very high rate of speed in the opposite direction with no lights on…
Trial in a week
I have a trial scheduled for Monday and finally went to pick up the notes and DVD. Would love some advice.
This is a ticketed 70 in a 60, reduced from an alleged 84.
xxxx car with PC <officer>
Sunny Clear Morning Roads Dry and Bare
Rds in good condition with clearly marked lanes.
Bee III tested at 0725 hrs
Police are W/B Observe a blk <my car> weaving through traffic…
Got conviction notice for a never-received ticket (2pts)
I received a warning letter from MTO for a 2pts ticket.What happened is that the police officer issued a "unsafe left turn" and then changed the ticket to "failed to signal" at the scene, but she submitted both tickets!!! And I !!!ONLY!!! received the latter ticket from her(I requested trial for "failed to signal"). I recently received notice from MTO that I'm convicted for "unsafe left turn".
I…
Hand- held device ticket- help
Hello everyone! I was given a ticket for using a hand-held communication device while driving. It was 3 am, I was at a stop light and the cop saw me with the my phone in my hand. I told him i was just checking the time on it. I received the notes a few weeks ago ill copy them down below. Any help is appreciated although i believe there's no hope for me. The cop recorded me saying what phone i…
Hands Free only Ocober 26, 2009
so I wonder if the OPP going to be out Monday morning handing out tickets for talking on the cell phone tommorow 
wonder how much this is going to backlog the courts now--because im thinking, alot of people just arent going to get it..
Driving While Under Suspension
Hi,
I got pulled over about 15 or so days ago the court till this date has not received the summons what is the legal time period that the court has to follow to accept the summons from the office court says its 15 days is the legal timeframe the officer has to serve it on the court
but this information says differently..
www.canlii.org/en/on/laws/reâ¦latest/rro-1990-reg-200.html
11. (1) The clerk…
145KM/HR IN 100 POSTED HWY 401
I got a ticket for doing 145km/hr in a 100km/hr posted on hwy 401 East Region near Napanee at 11:15pm on Oct 24 2014.
I am fighting the ticket myself and just received the disclosure.
The officer used the Genesis II Select Directional Radar and in her notes she wrote:
"Radar - G2S25705"
"test before - 1100"
"test after - 0410"
Can anyone tell me what the two numbers for test before and test after mean?
I…
Need Advice on Limited Disclosure before Court Date
Dear friends,
I requested for disclosure of information two months ago.
I received the radar manual after one month, but not others (including maintenance/calibration record of the radar, certificate of police training). On further pursuit, the prosecutor told me that he did not have them and he did not see why I needed these documents. He said he did not know where to get them when I asked.
My…
speeding 134 in 100KM/hr
Last Friday I was pulled over by an OPP motorcycle cop who informed me I was going 134. I was on the SB 404, I did see him parked under a bridge and when I passed him he was not on his bike.
I'm hoping to get some insight for a defense in this case.
I was in lane 1 and I had a car in front of me, and a car behind me, also there was a car speeding down Lane 3 passing everyone and moved quickly into…
