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careless driving charge
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PostPosted: Wed Jan 05, 2011 12:33 pm 
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I have recently been charged with careless driving. I am a transport driver and cannot have a charge like this on my record so I need to have this dropped, not just reduced. I was heading south on Highway 11 in northern Ontario when a car heading north crossed the median. I swerved toward the shoulder in the hopes of preventing a head on accident. When I swerved I was pulled into the snow bank and my trailer went into the ditch. Unfortunately the car did not stop. When the police attended, I was charged with careless driving. There were no other vehicles involved and no injuries. A heavy duty tow was called to get me out. There were no other witnesses. When the cop was questioned why he was charging me with careless he replied he had to charge me with something. Any input you can provide would be appreciated.


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Re: careless driving charge
PostPosted: Wed Jan 05, 2011 12:42 pm 
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Police never "have to" charge unless it's murder or assault causing bodily harm...or any domestic related charge. What he means is, he doesn't want to go to an accident without giving a ticket, and fair enough. Most accidents are, at least in part, preventable and police often feel that if a collision occurred, someone should be getting a ticket.

There are some pretty good ways of defending a charge of careless where there is no direct evidence of careless driving, but where it is inferred from the fact that there was a collision. How would be too long a discussion for me to go into here. Given the nature of your employment and the severity of the charge, you may want to consider hiring a paralegal to represent you.

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