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Ontario Highway Traffic Act

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Careless Driving Charge, New Driver - Need Help.
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PostPosted: Tue Nov 13, 2012 10:41 pm 
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Joined: Tue Nov 13, 2012 10:23 pm
Posts: 3
Hi, recently I was driving home around 2:30pm from the bus stop I drive to in order to bus to school. I was traveling down Kennedy just past 19th seatbelt on, doing the speed limit. About one and a half kilometers past the intersection of Kennedy and 19th a fox sprinted across the road. I swerved (I did accelerate about 5-10km as I swerved) to avoid hitting the fox and consequently landed in the ditch. My airbags both deployed and the frame bent. Half an hour after I called CAA a passing driver ( a fireman by chance) stopped to help me out, about 10 minutes later a middle aged woman passing by called 911 claiming it looked as though someone may have been ejected. When the officer arrived she took my information and my story and then sent me to the hospital to get checked out. She later came to the hospital and told me that because there were no witnesses and no police officer witnessed the incident it is obligatory for her to issue me a ticket. On the ticket she wrote "Reckless Driving" so I assume she meant "Careless Driving" and did not offer explanation as to why she was issuing such a serious infraction as opposed to a lesser infraction. As a new driver (within the last 2 months) this is a very serious infraction as I could be facing a suspension, 6 demerits, a spike in an already inflated insurance rate (first time male driver, and I am epileptic). I chose the option to meet with the prosecutor on the ticket. Can anyone offer me any advice, both for when I meet with the prosecutor and if I have to take it to court.

Cheers, Steven.


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Re: Careless Driving Charge, New Driver - Need Help.
PostPosted: Wed Nov 14, 2012 12:58 am 
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Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
option 2 means you plead guilty.
It might be too late.

Cheers
Viper1

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"hang onto your chair when reading my posts
use at your own risk"


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Re: Careless Driving Charge, New Driver - Need Help.
PostPosted: Wed Nov 14, 2012 1:28 am 
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Joined: Tue Nov 13, 2012 10:23 pm
Posts: 3
The option to meet with the prosecutor explicitly says that "by choosing this option you do not forgo your right to a trial". From what the Officer explained by meeting with the prosecutor they will give options to resolve the case early, however I have to option to respectfully decline those options and set a court date .


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Re: Careless Driving Charge, New Driver - Need Help.
PostPosted: Wed Nov 14, 2012 11:06 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
Steven09 wrote:
as I could be facing a suspension


Not could, but you are. If found guilty of any infraction of 4 or more points, you will given a 30 day suspension as you're a novice driver.


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Re: Careless Driving Charge, New Driver - Need Help.
PostPosted: Wed Nov 14, 2012 2:02 pm 
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Joined: Tue Nov 13, 2012 10:23 pm
Posts: 3
"At six points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended."

source: http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml

That is why I say could.


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Re: Careless Driving Charge, New Driver - Need Help.
PostPosted: Wed Nov 14, 2012 3:55 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I think Bend was going by the fact you say you're a new driver. If you have a G1 or G2, it only takes four points for a suspension. Your quote above only applies to people with a full G licence.


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Re: Careless Driving Charge, New Driver - Need Help.
PostPosted: Thu Nov 15, 2012 12:39 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
Steven09 wrote:
"At six points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended."

source: http://www.mto.gov.on.ca/english/dandv/ ... erit.shtml

That is why I say could.


Novice Driver Escalating Sanctions began August 1, 2010.

http://www.mto.gov.on.ca/english/dandv/ ... 10.2.shtml

Quote:
Novice Driver Escalating Sanctions

Escalating sanctions for novice drivers would apply if any of the following occurrences have taken place within a 5-year period:

Any combination of repeat violations of G1/G2/M1/M2 restrictions;
Convictions for individual HTA offences carrying four or more demerit points; or,
Court ordered licence suspensions for HTA convictions that would have otherwise resulted in four or more demerit points.

Escalating sanctions for hybrid drivers would apply if there is any combination of repeat violations of their novice licence (G1/G2/ M1/M2) conditions within a 5-year period.

The penalties under escalating sanctions for novice and hybrid drivers are:

30-day licence suspension for the first occurrence;

90-day licence suspension for the second occurrence; and
Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice class licence is cancelled on the third occasion, their full class licence is maintained.


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