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Careless driving charge HELP!
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PostPosted: Sat Jan 02, 2016 10:44 pm 
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Joined: Sat Jan 02, 2016 10:29 pm
Posts: 2
Last week I was in a accident where I was the 3rd car. The older gentleman driving infront of me admitted to me that he didnt see the car infront of him put on his right signal to enter a parking lot. He ended up hitting the guy in front of him. I tried slamming on my breaks but I ended up hitting the car in front of me. No injuries. No damage to my car but I put a hole in his bumper. When the police officer arrives she asked if we were all ok. We all filled out out police report. I believe the speed limit on the road was 60, but as I had noticed before the accident the older man was driving a bit slower so I slowed down according to his speed. The roads were wet as we had just had snow fall the previous day. When the police came back she said now this is going to seem mean but I'm charging you with careless driving. She had given me two papers the pink summons paper which had my court date on it and A collison report which I didn't realize Until I got home had the information of the first guys insurance Info. I had put my email down and she said she would email me the rest. I had never been in a accident and didnt think anything of it. Its been a week since the accident and She has sent me nothing. So I have no accident report. I have a clean record. Obviously Im going to fight this charge. I know the first court date is for me to plead guilty/not guilty and the oppurtunity for the prosecutor to offer me a plea deal. Now if I want a trial and ask for disclouse, is that the last oppurtunity I have at taking a plea? Or the day of trial will I have oppurtunity to take the same plea or another one? Will they have the other occupants of the cars come to my trial as witnesses? even when the accident happened i got out and pulled my car over the first guy thought I was a witness and didnt even realize I was involved in the accident. Any info would be greatly appreciated!


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Re: Careless driving charge HELP!
PostPosted: Sun Jan 03, 2016 12:09 am 
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Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
You are heading in the right direction. The prosecutor will likely offer a plea deal early. Don't take the deal until you are very sure of your position. Deals can be made and accepted or rejected right up to the very moment the trial begins, it depends on the prosecutor. Even JP's will stand down cases so the prosecutor and defendant can discuss resolution if there has not been a prior discussion, that usually happens with people who are self represented.


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Re: Careless driving charge HELP!
PostPosted: Sun Jan 03, 2016 12:39 am 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If you were given a SUMMONS with a date to appear on it, this is NOT a trial, but it is where they decide if they need to set a trial date if you plan on pleading not guilty. Of course you can just plead guilty at this date and be done with it, but that is not adviseable. You will show up and the prosecutor will probably meet with you and they may offer you some kind of plea if you plead guilty. You can very nicely ask "Is disclosure available? I would like to see the disclosure before I decide how I want to plead." Disclosure may or may not be available, but either way you will need time to review it so you can tell the JP this and they will probably set another date to come back (which is still not the trial date yet). If the prosecutor offered you a plea deal, they will usually still have that offer for you up to the time you actually go to trial.

And remember that at the actual trial date (not the summons date), a witness that saw the accident or was in the accident has to show to testify. So there is a good chance that it could be dropped if no witness shows up.

_________________
+++ This is not legal advice, only my opinion +++


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Re: Careless driving charge HELP!
PostPosted: Mon Jan 04, 2016 4:34 am 
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How much you charged for this?


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Re: Careless driving charge HELP!
PostPosted: Mon Jan 04, 2016 8:46 am 
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Joined: Sat Jan 02, 2016 10:29 pm
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There is no amount on the summons page.


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Re: Careless driving charge HELP!
PostPosted: Thu Jan 07, 2016 12:54 am 
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Joined: Tue Dec 01, 2015 9:54 pm
Posts: 122
Yeah they "up charge" you so the Crown can reduce it to following to close.


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