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Ontario Highway Traffic Act

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Careless driving due to insect
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PostPosted: Sat Aug 24, 2013 11:30 am 
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Joined: Sat Aug 24, 2013 10:44 am
Posts: 1
Hi all,

I got a careless driving ticket recently and I'm pretty concerned about it. I was involved in a single vehicle accident where I swerved a utility pole while driving on a straight road. The police came and gave me a ticket for careless driving. I explained to them that a wasp flew into my car and then around my ear and the buzzing noise caused me to instinctively react and turn my body and the steering wheel causing me to hit the pole. He said I should've turned my hazards on and slow to a stop to let the insect out. I tried to explain that I didn't have time to do that since I just activated my power window and the wasp started to go at my ear immediately. He gave me a $400 ticket ($490 payable) for careless driving and explained that he's only doing so because he has to write me a ticket and that seemed to be the only one that fit. He advised me to not plead guilty and that they'll probably reduce it if I choose early resolution (I didn't ask if he meant reduce the fine or reduce the charge to something lessor though I think $400 is the minimum). However he also said it really wasn't a big deal but now that I've done some research on the internet it seems a careless driving conviction will either double/triple my insurance rates or no insurance company will take me at all with 1 accident and 1 major conviction now. I otherwise have no other tickets or accidents.

To the experts here... how likely do you think they will reduce the charge to something other than careless driving at early resolution?

Also is there a benefit to just going straight to trial without opting for early resolution? I understand you can have a trial while trying early resolution as well.

If I go to trial, is there anyway my argument would even fly? I can't prove there was a wasp in my car that suddenly flew to my ear causing me swerve but I was otherwise not drunk, not speeding, the weather was good and I was driving on a straight road, and I otherwise have no accidents or tickets. I can also prove I was not texting or calling anyone on my cell phone via cell phone logs.


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