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Careless Driving Charge
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PostPosted: Mon Jan 18, 2016 3:16 pm 
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Hello, I was recently in a single car accident driving my friend and I home from college. Upon approaching our designated left hand turn, I made the turn a little too late going about 30-40km/hr and proceeded to slide a small bit and hit a small snow bank, bringing us into the ditch, straight into a post. My cars front bumper was damaged along with the engine. Both of us were fine and no one was injured. Upon calling the incident in, another driver pulled over to see if we were okay and gave a witness statement to the police along with ours. After the whole process the responding officer gave me a "careless driving" charge in his own words, because we were the only car accident today involving the hitting of a post. I should also mention that the road conditions were also not all that great, very sandy with some small gravel patches, though I realize this is not a valid excuse.

I was just wonder what my chances are to get this ticket reduced and/or dismissed. I've already contacted a paralegal and I'm awaiting a trail date for more info.


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Re: Careless Driving Charge
PostPosted: Mon Jan 18, 2016 6:31 pm 
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Joined: Tue Sep 15, 2015 10:20 am
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It is an age old problem, police automatically charging careless driving when there is a lesser, proper charge to be laid. By laying the careless, they have wiggle room when you get into court. Your chances of getting this reduced is about 100%. You will likely get a deal of turn not in safety, drive off roadway, fail to drive in marked lane...something along those lines. Problem is, if you were charged with the proper charge origionally, there would be nothing to deal it down to, so they charge high knowing there is a very good possibility of a deal.


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Re: Careless Driving Charge
PostPosted: Mon Jan 18, 2016 9:58 pm 
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Joined: Fri Jun 25, 2010 3:30 am
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Sadly this is correct. The prosecutor will almost certainly offer you a lesser offence.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Careless Driving Charge
PostPosted: Mon Jan 18, 2016 11:24 pm 
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Thank you for the responses, it's nice to hear this.


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Re: Careless Driving Charge
PostPosted: Tue Jan 19, 2016 11:33 am 
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I would hold off on retaining a paralegal until after any resolution offers. You may like the deal and take it without the paralegal being involved. If you don't like what is being offered, then perhaps contact a paralegal. Most paralegals will just go ask the prosecutor what kind of deal they can get for you, then charge you, you can do that for free.


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Re: Careless Driving Charge
PostPosted: Tue Jan 19, 2016 11:51 am 
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The difference between a careless driving charge and whatever reduced charge is likely to be pretty big.

The situation is similar to speeding 50km+ vs. 49km or less. While separated by only 1km, speeding 49km will see you in the same category as someone who speeds 5km, forgets their insurance papers at home, has improper headlights, etc. Speeding 50km will lump you together with the worst including those who fail a breathalyzer, those caught racing, drivers without any insurance, etc. Careless also driving falls into this category.

It's the difference between paying possibly 5% more in insurance or being booted from your provider completely and taking the bus for the next couple years. Sometimes you got to know when to hold them and when to fold them. This is one of those situations where you probably want to take the reduced charge and run. You DO NOT want a careless driving conviction. Anyone you hire is likely going to tell you the same thing.

Good luck.


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