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Careless Driving...Do I have any defence?
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PostPosted: Fri Feb 25, 2011 1:56 pm 
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Joined: Wed Nov 25, 2009 5:07 am
Posts: 8
Hey everybody...I recently (About an hour ago) got in an accident directly infront of my house. I was heading Northbound and was slowing to turn left into my driveway. I was distracted by the truck in front of me Spraying dirt onto my windsheild and was fidling with the wipers Trying to get them to clean the window off and I drifted left over the line and hit the side of a gmc pickup By the time i saw him it was too late...I was going maybe 10 km/h and the truck was doing 80 or 90...I checked to see if the driver was ok and I said to him that I was "reaching for something" ...Now in my statement to the police I did not say I was reaching for something but he included it and therefore I got charged with careless....Then again in my statement I did not mention the wipers or the dirty windsheild..I simply said I did not see him in time...

I am going to fight my ticket either way so i can at least delay payment and delay the points...Due to 2 prior speeding tickets this conviction will put my demerits into the "losing Licence" area...What should I do...How should I fight it?..Is it worth Hiring a paralegal? ...And does it sound like i could reduce it to a lesser charge?

Thanks in advance

~KTales~


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Re: Careless Driving...Do I have any defence?
PostPosted: Fri Feb 25, 2011 4:03 pm 
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Posts: 2881
Location: Toronto
Careless Driving is always worth hiring a paralegal for, in my opinion. There is the possibility that they may reduce it to a lesser charge, however your two prior speeding tickets make this less likely if the Prosecutor thinks he/she has a strong case. The best way to fight this particular charge, as you know, is to start by selecting Option 3. When you get the trial date, you and/or your paralegal should request disclosure. For this, it sounds like you'll want the officer's notes and a copy of the collision report.

If I'm understanding your version of events, you're saying that you started to turn left and clipped an oncoming truck, is that correct? Or are you saying that you were slowing, drifted left of centre and front-on sideswiped the oncoming vehicle? Depending on what happened, a plea-bargain to a lesser offence that more correctly "fits" the incident may be available to you (again, relating to what I said above).

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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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Re: Careless Driving...Do I have any defence?
PostPosted: Fri Feb 25, 2011 6:02 pm 
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I was slowing, Drifted left of center and hit him... I heard the officers talking about what the other driver said in his statement and he said I was 7/8 of the way into the wrong lane...however My car was right in the cener of the road after the acccident..and there was no damage to the side of my car behind the front wheel well so it is not like I turned back to the right and got back over at all...and my car did not move in any direction at the time of the incident I basically stopped in place. Will the position of my car be noted in the officer's notes? or will they go off of the other driver's statement? and I had basically come to a complete stop at the time of the collision.


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