Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Careless Driving Charge
Author Message
PostPosted: Tue Jan 08, 2013 7:02 pm 
Offline
Newbie

Joined: Tue Jan 08, 2013 6:28 pm
Posts: 10
I rear ended someone and got charged for careless driving.

I requested disclosure and just received it 2 days before the trial date which is Jan 10th, 2013.
The accident was Aug 28, 2012. I initially requested disclosure 2 weeks after accident, but nothing came.

Then I followed up with a 2nd request on Jan 1st, 2013 and just received it 2 days before.

The disclosure has the officers notes.

The first point is that in the disclosure notes it mentions Driver 2 (the other driver) gave a written statement. But his statement is not included in the disclosure I received.
Do I have a defense with this? to say I have not received full disclosure and what are the chances the case gets dismissed?
I didn't give a written statement but said I'd like to speak to my agent first.

The officers notes say in relation to after he initially talked with me:
"Driver 1 (me) advised when on on Mayfield Rd, Eastbound, had his head down for a moment as soon as he put his head up, observed the black motor vehicle in front of him that was just getting ready to move since the traffic lights had just turned green, attempted to stop but it was too late and he had rear ended the lack motor vehicle. I then spoke to (other driver) which advised that he behind another vehicle stopped at traffic light (initially red) when the traffic light had just turned green m/v in front of him, and as soon as he lift his foot off the brake pedal he gets rear ended by Driver 1, pushed into the middle of the intersection. At this point I attempted to take statements from drivers, D2 provided written statement and D1 refused to give a statement until he spoke to an agent."

My question: is it possible for me to win this case if the other driver doesn't show up.

If I didn't give a written statement can I in any way challenge his statement of what I said.

Can I challenge what he wrote if it is not quite accurate. (if there are no witnesses and other driver doesn't show can I say that's not what I meant)
I can`t quite remember if I said exactly that, I may have meant, glanced to the side or got distracted for a second. Could he have misinterpreted it? Ex: saying I looked down for a moment, (a moment is a long time) and I`m not even sure I said that, looked down for a second, a moment, it`s just momentarily glancing elsewhere.

Also, I was under shock at the moment.

I know I can always opt for a lesser charge of follow two closely, but I'd like to look at the option of fighting it altogether.

Is there a chance at me defending and winning this, or am I stuck because of what the offficer wrote down?
Any advice would be appreciated.

I just got disclosure today and trial is in 2 days.

Thanks,
Jason


Top
 Profile  
 
Re: Careless Driving Charge
PostPosted: Tue Jan 08, 2013 8:05 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
First of all, you want to get an adjournment of the trial. 2 days is not enough time to adequately prepare a defence. Be polite but firm when asking for the adjournment, and insist that you did not receive the disclosure in a timely manner. The JP might adjourn with no penalty, or might charge it to the Prosecutor... anyway, worth a try. It's unlikely that they'd dismiss your charge for not disclosing the written statement; in all likelihood, the JP will order the Prosecutor to disclose it, if you provide a good reason for wanting it. (They'll need you to explain why you want it.)

Nowisthetime wrote:
My question: is it possible for me to win this case if the other driver doesn't show up.


Yes

Nowisthetime wrote:
Is there a chance at me defending and winning this, or am I stuck because of what the offficer wrote down?


What the officer wrote isn't necessarily going to hang you or free you. If you do go to trial (a bit risky without a paralegal for this charge), the argument would be whether or not glancing down momentarily constitutes "Careless Driving." If you glanced down to look at a text message, for exampe, that's more or less careless... but if you had an engine oil light or something like that come on, that's a bit different. There's legal precedents on this... you may want to check out www.canlii.org

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Re: Careless Driving Charge
PostPosted: Wed Jan 09, 2013 4:56 pm 
Offline
Newbie

Joined: Tue Jan 08, 2013 6:28 pm
Posts: 10
Thank you for your answer.

I was driving eastbound at 8:30pm in August and the sun was setting behind me. If I looked at the mirror and the brightness of the sun caused me to momentarily lose focus and look down is this a justifiable argument to not be charged? I didn't explain this to the oficer though, "just said I looked down for a moment" I was in a state of shock from the accident.

Any advice on whether this can be used as an argument and if increases my chances of getting off the hoohas any chance of getting me off the hook.
Any advice on how you would use this argument?

Thanks
Jason


Top
 Profile  
 
Re: Careless Driving Charge
PostPosted: Wed Jan 09, 2013 5:09 pm 
Offline
Newbie

Joined: Tue Jan 08, 2013 6:28 pm
Posts: 10
You wrote
" The JP might adjourn with no penalty, or might charge it to the Prosecutor... anyway, worth a try."

What do you mean by the JP might charge it to the prosecutor? Does that mean the charge might get dismissed because they failed to provide it in time? (this would be the best case scenario)

Worst case we get adjourned, is that correct?

In your experience whats the likelihood chances of the JP not granting the adjournment?

I guess I should add to the fact that the disclosure was only given 2 days before that it was incomplete in that it mentions the other drivers statement but doesn't include it.

Thanks,
Jason


Top
 Profile  
 
Re: Careless Driving Charge
PostPosted: Thu Jan 10, 2013 4:58 pm 
Offline
Newbie

Joined: Tue Jan 08, 2013 6:28 pm
Posts: 10
Update on the trial:

Someone from another forum gave me this advice.

"If other driver doesnt show up the cop has no case. He did not witness the accident therefore he cannot be a witness. It depends on the other driver how much he values his time. If he decides to show up then adjurn the case to a later date, reason insufficient time to prepare a legal defense."

I wasn't sure though if it were true.

I went to trial today for the careless driving charge.

The cop did show up but as I expected the other driver didn't show.
When I met the prosecutor in the courtroom, he said to me:
"It's your lucky day. The other witness will not be showing up so have a seat and the charge will be withdrawn."

I didn't have to say anything.

I was also speaking to the officer who gave me the ticket. He said where there is one or more other witness who were at the accident, every witness has to show up. The officer alone is not sufficient. If even one of them doesn't show the court cannot proceed and the charge is withdrawn. He said if it would have only been me and the officer at the time of the charge (ex: in a speeding ticket), then if the officer shows up the trial will go on.

So if you and another witness are involved in an accident, always take it to trial and hope the other witness doesn't show.

Good information.
Cheers!
Jason


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. The CARELESS DRIVING CHARGE!

paralegal2006

1

4088

Thu Mar 12, 2009 8:33 pm

hzafar View the latest post

There are no new unread posts for this topic. Careless Driving Charge 06/28/09

theemb

9

2400

Thu Jul 02, 2009 10:37 pm

Reflections View the latest post

There are no new unread posts for this topic. Need help with careless driving charge

sasse89

7

2688

Mon Oct 05, 2009 1:22 pm

racer View the latest post

There are no new unread posts for this topic. careless driving charge

Jake1962

1

1123

Wed Jan 05, 2011 12:42 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Help with my careless driving charge?

evader

13

7455

Sun Oct 16, 2011 11:45 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Careless Driving charge... HELP

Reds123

4

1743

Mon Jan 16, 2012 8:51 pm

manwithaplan View the latest post

There are no new unread posts for this topic. Need help with Careless Driving charge

jer0n

6

927

Wed Feb 15, 2012 8:25 pm

jer0n View the latest post

There are no new unread posts for this topic. CARELESS DRIVING CHARGE

NANP

3

908

Wed Feb 15, 2012 10:48 pm

NANP View the latest post

There are no new unread posts for this topic. careless driving charge

peterkessel

1

675

Tue May 20, 2014 4:36 pm

highwaystar View the latest post

There are no new unread posts for this topic. careless driving charge

lampridae

5

945

Wed May 21, 2014 9:44 pm

hawaii View the latest post

There are no new unread posts for this topic. Careless driving charge HELP!

Nicky0887

5

771

Thu Jan 07, 2016 12:54 am

rank View the latest post

There are no new unread posts for this topic. Careless Driving Charge

live.mikesmith

5

799

Tue Jan 19, 2016 11:51 am

bend View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.