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Careless Driving - General Questions
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PostPosted: Wed Jan 05, 2011 8:54 pm 
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My wife was recently charged with careless driving. She was returning from work during rush hour. It was a heavy raining day and the traffic was stop-and-go at about 10 kmph. She was in the right most lane in a 3 lane street. Due to a moment of distraction due to sneezing, she rear ended on to the front car. The front car itself was hardly damaged but her car was damaged in the front as she hit the hitch on the SUV. The cop came after an hour and gave the careless driving ticket. Because she is on G2, I want to get rid of all the points. No other cars involved, no other witnesses and no personal injuries.

I have collected lot of info from this site but some questions are not yet answered. Some questions that I am looking to get answers for the forthcoming trial for which we already have the date:
1. If the other driver does not come to the trial, is the case dismissed (even if the police offer attends) ?
2. Is it illegal to contact the other driver and see if they are planning to attend the trial ?
3. What happens if on the date nobody shows up (my wife, cop and other driver) ?
4. What happens if we do not go on the date? Can we get another date later on or are we convicted by default ?
5. Lastly, does anyone know what 2 point rule could apply in this scenario that we could plead guilty to. I do not want to plead guilty to the 4 point "following too closely rule".

Appreciate a ton for all the help that I get.....


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Re: Careless Driving - General Questions
PostPosted: Wed Jan 05, 2011 10:38 pm 
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Location: Toronto
1. Yes, unless they adjourn the trial, or the officer is a collision reconstruction expert.
2. No. I wouldn't, though.
3. Your wife is deemed not to dispute the charge and a conviction is entered. Either that, or if she received a summons, she can be arrested for failing to appear. The defendant has to be present.
4. Convicted. Don't even think of missing the trial date.
5. "Failure to turn to avoid collision"

This is one of a couple of charges where I will always recommend hiring a paralegal. If you wish, you can fill out the form at the bottom of the page for a free no-obligation quote.

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* 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


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Questions re: Court Operation
PostPosted: Thu Jan 06, 2011 11:47 am 
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Some questions on how the courts operate and what you can expect on the date of trial.

1. When you show up on the trial date, what do you do ?
2. At what stage are you offered a chance to lower points or charges (and avoid the trial proceedings) ?
3. How can you find out if the other party and police officer are present ?
4. When you show up on the trial date, can you request another date or is it too late already ?

Thanks


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Re: Careless Driving - General Questions
PostPosted: Sat Jan 08, 2011 5:41 pm 
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Location: Toronto
You would go in early to the courtroom where the trial is to be held, and check in with the Prosecutor. You have an opportunity to try to reach a resolution at that time. If you've obtained disclosure, have a factum with case law ready to go, etc., they're usually more willing to negotiate. Be polite, do NOT be aggressive-confrontational or demanding. Just see what you can get. This is the stage where you are offered a chance to plead guilty to a lesser infraction. Keep in mind, the Prosecutor is under no obligation to offer a deal so you might want to start constructing a defence.

You can only find out if the other party is present if you actually see them, or if the Prosecutor says they are there. However, the Prosecutor may be bluffing. There is no definite way of knowing for sure. If the Prosecutor says they are not there, then he/she is likely being truthful.

If you show up to request another date, you had better have a good explanation as to why you are requesting another date. It will also stop the "11B clock."

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* 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


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