It happened 10 days ago in Norht-West Mississauga. I was driving in right line on two line road, speed about 40-45km/Hr, around 7pm. suddenly the car in front of me started slowing down, I slowed down as well, then checked left line in mirror, signaled and started moving left to pass, the same time another car (2 cars behind of me), also changed line for passing, but he accelerated much faster and I blocked the line for him. The worst part is it was police SUV. He pulled me over and I got ticket for Careless Driving, $400. My driving record: I am 42 years old, G Licensed, no accidents and one ticket from last year: improper use of HOV line. Should I go to court? Any chance to have it reduced? Or just pay ticket immediately. I have 4 days left to make a dessission.... Thanks a lot got your advices!
It happened 10 days ago in Norht-West Mississauga. I was driving in right line on two line road, speed about 40-45km/Hr, around 7pm. suddenly the car in front of me started slowing down, I slowed down as well, then checked left line in mirror, signaled and started moving left to pass, the same time another car (2 cars behind of me), also changed line for passing, but he accelerated much faster and I blocked the line for him.
The worst part is it was police SUV. He pulled me over and I got ticket for Careless Driving, $400.
My driving record: I am 42 years old, G Licensed, no accidents and one ticket from last year: improper use of HOV line.
Should I go to court? Any chance to have it reduced? Or just pay ticket immediately. I have 4 days left to make a dessission....
From your description Careless Driving sounds like an excessively high charge, I would fight it. At the very least you can probably plea bargain it down to a less serious charge such as "Change lane not in safety" which sounds like a more accurate description of what happened. Since Careless Driving is a pretty serous charge, it might be worth it to hire a paralegal to represent you, especially if you want to go to trial and try to beat the charge out right.
From your description Careless Driving sounds like an excessively high charge, I would fight it. At the very least you can probably plea bargain it down to a less serious charge such as "Change lane not in safety" which sounds like a more accurate description of what happened. Since Careless Driving is a pretty serous charge, it might be worth it to hire a paralegal to represent you, especially if you want to go to trial and try to beat the charge out right.
daggx thanks a lot for the respond! the officer was very upset and wanted to punish me. Unfortunately he is the only witness. I read hundreds of posts here. But still need an advice: shoud I go for option 2: early resolution, or request trail?
daggx thanks a lot for the respond!
the officer was very upset and wanted to punish me. Unfortunately he is the only witness.
I read hundreds of posts here. But still need an advice: shoud I go for option 2: early resolution, or request trail?
You said you looked . So the lights could not have been on. I have seen cops do that a lot (no lights race forward) If the cop was not in an emergency situation the cop was careless. Explore how to charge them.(the cop was in the wrong if no light's flashing) Might want to get disclosier first . Cheers Viper1
You said you looked . So the lights could not have been on.
I have seen cops do that a lot (no lights race forward)
If the cop was not in an emergency situation the cop was careless.
Explore how to charge them.(the cop was in the wrong if no light's flashing)
Might want to get disclosier first .
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
I would pick option 3 and request a trial, this option gives you the most flexibility. If you decided later on that you don't want a trial after all you can always change your mind and make a deal with the prosecution for a lower charge or plead guilty. For now request a trial and then wait for your court date to come in the mail, once it does make a formal request for disclosure. Once you have disclosure you will be able to review all the evidence the prosecution is going to use against you at trial and then you can decide what you want to do from there.
I would pick option 3 and request a trial, this option gives you the most flexibility. If you decided later on that you don't want a trial after all you can always change your mind and make a deal with the prosecution for a lower charge or plead guilty. For now request a trial and then wait for your court date to come in the mail, once it does make a formal request for disclosure. Once you have disclosure you will be able to review all the evidence the prosecution is going to use against you at trial and then you can decide what you want to do from there.
thanks Viper1! I checked before changing the line, there was no car in the left line. When I changed the line and saw headlights in my rear mirror - i was shocked! that's why i think he was in the right line, few cars behind, or had no lights on.. I accelerate to give him more space, after about 10 seconds he turned on those red/blue/white emergency lights and i pulled overr. 'what did you do!, you blocked me the line! you could've killed me!' took my papers and after about 10-15 minutes came back with the ticket. no other explanation...
viper1 wrote:
You said you looked . So the lights could not have been on.
I have seen cops do that a lot (no lights race forward)
If the cop was not in an emergency situation the cop was careless.
Explore how to charge them.(the cop was in the wrong if no light's flashing)
Might want to get disclosier first .
Cheers
Viper1
thanks Viper1!
I checked before changing the line, there was no car in the left line. When I changed the line and saw headlights in my rear mirror - i was shocked!
that's why i think he was in the right line, few cars behind, or had no lights on.. I accelerate to give him more space, after about 10 seconds he turned on those red/blue/white emergency lights and i pulled overr.
'what did you do!, you blocked me the line! you could've killed me!' took my papers and after about 10-15 minutes came back with the ticket.
Thanks daggx! should i hire a paralegal right now, or just for the trial?
daggx wrote:
From your description Careless Driving sounds like an excessively high charge, I would fight it. At the very least you can probably plea bargain it down to a less serious charge such as "Change lane not in safety" which sounds like a more accurate description of what happened. Since Careless Driving is a pretty serous charge, it might be worth it to hire a paralegal to represent you, especially if you want to go to trial and try to beat the charge out right.
Thanks daggx!
should i hire a paralegal right now, or just for the trial?
Thanks daggx! should i hire a paralegal right now, or just for the trial? If you're going to hire a paralegal, it would be as soon as possible. He will need to prepare, request, and review any documents related to the trial.
Sad wrote:
daggx wrote:
From your description Careless Driving sounds like an excessively high charge, I would fight it. At the very least you can probably plea bargain it down to a less serious charge such as "Change lane not in safety" which sounds like a more accurate description of what happened. Since Careless Driving is a pretty serous charge, it might be worth it to hire a paralegal to represent you, especially if you want to go to trial and try to beat the charge out right.
Thanks daggx!
should i hire a paralegal right now, or just for the trial?
If you're going to hire a paralegal, it would be as soon as possible. He will need to prepare, request, and review any documents related to the trial.
I'd probably go with a paralegal, they are cheaper then lawyers and for traffic matters are usually just as good. Check out a couple different firms and see which one you like the best.
I'd probably go with a paralegal, they are cheaper then lawyers and for traffic matters are usually just as good. Check out a couple different firms and see which one you like the best.
Let me get this straight. You are travelling in the far right lane of a TWO LANE highway (two lanes in each direction each). You changed lanes from the far RIGHT lane, into the LEFT lane (the passing lane). Traffic happened to be traveling in this lane. As you changed into this lane, you nearly caused an accident by not yielding to the passing vehicles. If I have the story straight, then the police officer is not at fault- you are. You nearly caused an accident by changing lanes into a lane without yielding. The officer has no requirement to have his emergency lights and/or siren activated. If I don't have the scenerio correct as I described, then let it be known... but if I do, you are at fault and the ticket appears to be correct for the situation (driving without due care or attention for other vehicles). Regardless, you'll likely be given the oppourtunity to have this charge plea bargained to a lesser offence after speaking with a prosecutor.
Let me get this straight.
You are travelling in the far right lane of a TWO LANE highway (two lanes in each direction each).
You changed lanes from the far RIGHT lane, into the LEFT lane (the passing lane).
Traffic happened to be traveling in this lane. As you changed into this lane, you nearly caused an accident by not yielding to the passing vehicles.
If I have the story straight, then the police officer is not at fault- you are. You nearly caused an accident by changing lanes into a lane without yielding.
The officer has no requirement to have his emergency lights and/or siren activated.
If I don't have the scenerio correct as I described, then let it be known... but if I do, you are at fault and the ticket appears to be correct for the situation (driving without due care or attention for other vehicles).
Regardless, you'll likely be given the oppourtunity to have this charge plea bargained to a lesser offence after speaking with a prosecutor.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
I believe the original poster stated the officer was traveling behind and they switched lanes at the same time. If I had to guess what happened in this whole situation based on my own driving experience, I would say the driver charged probably isn't very confident in their lane changing. In the moment since checking for other vehicles, there was an officer behind who had already quickly assessed the situation and was able to switch lanes before having to slow down to the slower traffic in front. The driver in front, not realizing how quickly traffic behind will change lanes in order to not have to be impeded, pulled out without maintaining speed and caused a near accident. I was not there, but to be honest, I don't find the original story here too convincing. I'm not the judge though, so my opinion doesn't matter in the end.
tdottopcop wrote:
Traffic happened to be traveling in this lane. As you changed into this lane, you nearly caused an accident by not yielding to the passing vehicles.
If I have the story straight, then the police officer is not at fault- you are. You nearly caused an accident by changing lanes into a lane without yielding.
I believe the original poster stated the officer was traveling behind and they switched lanes at the same time.
If I had to guess what happened in this whole situation based on my own driving experience, I would say the driver charged probably isn't very confident in their lane changing. In the moment since checking for other vehicles, there was an officer behind who had already quickly assessed the situation and was able to switch lanes before having to slow down to the slower traffic in front. The driver in front, not realizing how quickly traffic behind will change lanes in order to not have to be impeded, pulled out without maintaining speed and caused a near accident.
I was not there, but to be honest, I don't find the original story here too convincing. I'm not the judge though, so my opinion doesn't matter in the end.
Thanks [tdottopcop], your description is correct and I do not say the police officer is at fault. I changed the line and nearly caused an accident. My question iss: do I have any chance to have this careless driving charge reduced to lesser one, for example 'Change lane not in safety' and asking advice how to act: go to trial or request early resolution...
tdottopcop wrote:
Let me get this straight.
You are travelling in the far right lane of a TWO LANE highway (two lanes in each direction each).
You changed lanes from the far RIGHT lane, into the LEFT lane (the passing lane).
Traffic happened to be traveling in this lane. As you changed into this lane, you nearly caused an accident by not yielding to the passing vehicles.
If I have the story straight, then the police officer is not at fault- you are. You nearly caused an accident by changing lanes into a lane without yielding.
The officer has no requirement to have his emergency lights and/or siren activated.
If I don't have the scenerio correct as I described, then let it be known... but if I do, you are at fault and the ticket appears to be correct for the situation (driving without due care or attention for other vehicles).
Regardless, you'll likely be given the oppourtunity to have this charge plea bargained to a lesser offence after speaking with a prosecutor.
Thanks [tdottopcop], your description is correct and I do not say the police officer is at fault. I changed the line and nearly caused an accident.
My question iss: do I have any chance to have this careless driving charge reduced to lesser one, for example 'Change lane not in safety' and asking advice how to act: go to trial or request early resolution...
If there's no accident and nobody was hurt, I'd say it's pretty much a certainty you'll be offered a plea deal. If youre content pleading down the charge to something less serious (i.e. change lane not in safety), Id skip hiring a paralegal for now. Attend a resolution meeting and see what the Crown is willing to offer. Id only spend money on a paralegal if you want to fight the charge outright or don't get offered a plea deal for some reason.
Sad wrote:
My question iss: do I have any chance to have this careless driving charge reduced to lesser one, for example 'Change lane not in safety' and asking advice how to act: go to trial or request early resolution...
If there's no accident and nobody was hurt, I'd say it's pretty much a certainty you'll be offered a plea deal.
If youre content pleading down the charge to something less serious (i.e. change lane not in safety), Id skip hiring a paralegal for now. Attend a resolution meeting and see what the Crown is willing to offer.
Id only spend money on a paralegal if you want to fight the charge outright or don't get offered a plea deal for some reason.
If there's no accident and nobody was hurt, I'd say it's pretty much a certainty you'll be offered a plea deal. If youre content pleading down the charge to something less serious (i.e. change lane not in safety), Id skip hiring a paralegal for now. Attend a resolution meeting and see what the Crown is willing to offer. Id only spend money on a paralegal if you want to fight the charge outright or don't get offered a plea deal for some reason. Sad: Stanton's right on the money with his advice here. And Viper1's is way off.
Stanton wrote:
Sad wrote:
My question iss: do I have any chance to have this 'careless driving charge reduced to lesser one, for example 'Change lane not in safety' and asking advice how to act: go to trial or request early resolution...
If there's no accident and nobody was hurt, I'd say it's pretty much a certainty you'll be offered a plea deal.
If youre content pleading down the charge to something less serious (i.e. change lane not in safety), Id skip hiring a paralegal for now. Attend a resolution meeting and see what the Crown is willing to offer.
Id only spend money on a paralegal if you want to fight the charge outright or don't get offered a plea deal for some reason.
Sad: Stanton's right on the money with his advice here. And Viper1's is way off.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
This is curious. Because I thought the police are required to also obey speed limits? If he changed lanes into left lane and started accelerating above the speed limit which ended up cutting you off in a way, well isn't that speeding and careless on the cops end? If he had had lights on then it should be ok because the police is then trying to get to a emergency call etc..and you would see it most likely and be required to Yield. So does this mean that police can speed without having their lights on?
viper1 wrote:
You said you looked . So the lights could not have been on.
I have seen cops do that a lot (no lights race forward)
If the cop was not in an emergency situation the cop was careless.
Explore how to charge them.(the cop was in the wrong if no light's flashing)
Might want to get disclosier first .
Cheers
Viper1
Sad wrote:
the same time another car (2 cars behind of me), also changed line for passing, but he accelerated much faster and I blocked the line for him.
The worst part is it was police SUV. He pulled me over and I got ticket for 'Careless Driving, $400.
This is curious. Because I thought the police are required to also obey speed limits? If he changed lanes into left lane and started accelerating above the speed limit which ended up cutting you off in a way, well isn't that speeding and careless on the cops end? If he had had lights on then it should be ok because the police is then trying to get to a emergency call etc..and you would see it most likely and be required to Yield.
So does this mean that police can speed without having their lights on?
Hi, I am new to the forum. I have been trying to get information off of here and www.ticketcombat.com for my case.
I was given a ticket for going 122km/h in a posted 100km/h zone at Hwy 401 east at Thickson Rd in Whitby ON on April 10th, 2009.
I find this absolutely absurd, since I was in the left most lane of the 401 approximately(within 5km/h) following the speed of traffic in my lane. The guy in…
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
On Wednesday I attended court at 1530 Markham Road, courtroom E2, in order to fight my speeding ticket. My original plan was to plead not guilty, and to watch all the people who went before me, the process, the Prosecutor and the Justice Of The Peace so I could strategize and form the best plan for my defence at trial. I had done some research online and sort of knew I wanted to defend myself,…
About 5 months ago I was driving along a two-way road approaching an intersection. The road had a left/ straight turning lane and a right turning lane. There was an 18 wheel gravel truck occupying the left lane at a red light. I pulled behind the truck intending to drive straight. After not moving for about 1 second, I check my rear view mirror, signaled and changed lanes to the right…
I am currently working for an auto parts delivery company and they contracted me to work as a courier.
As I left my base to make my first delivery which was less than 300 meters away from the shop, I had my seat belt off because i was under the impression, according to Section 106 Exception #6 subsection (c) of the highway traffic act, that I would be exempted from the seat belt law. The rule…
Got a ticket yesterday for "Insecure Load" contrary to HTA Sec 111(2). $160. I was pulling a utility trailer in which I had loaded a steel and wood cabinet. Total length of cabinet is 57.5". 14.75" (1/4 of the cabinet) was sticking out over the side of the trailer at about a 45 degree angle, the rest (3/4) was inside the trailer. The trailer has sides 24" high. I didn't have a tie-down or bungee…
I've been researching for months for defence strategy and basic trial information regarding my speeding ticket. However, the information is so conflicting that I have no confidence whatsoever that I know what I'm doing.
I didn't get this info from a friend of a friend, it came from this website, court officials, case laws, and a consultation with a traffic ticket fighting company.
So I was driving east bound pulling an empty tandem trailer on a gravel highway. Eventually I caught up to a truck pulling a fifth wheel. The speed limit was 70km/h and I don't quite remember but I'm almost 100% that the guy in front of me was driving at 60km/h. After being behind him for a few kilometers and getting two cracks in my windshield from rocks off his tires, I decided to pass him. I…
I have been driving for over 10 years without any tickets and accidents what so ever. Unfortunately my luck ran out this past Friday; when the officer pulled me over doing 80 in a 50 zone in Mississauga, Ontario. Officer was very friendly and polite not to mention nice enough to reduce the charge to 15KM.
On the speeding ticket it now says doing 65km in a 50 zone. Never having a speeding…
hi everyone im just wondering if its right for a cop to have my car impounded and give me a traffic ticket for improper plates when my car didnt leave my property, yes i knew the plates werent to my car but on private property it dont matter aslong as it dosent go onto public property. am i right with this that i shouldnt have gotten the ticket or my car impounded?????????????
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
Hi guys, I got pulled over last night and was ticketed with HTA 172, I was going 157 on a 100 on 400N and was wondering what I should do. I was using cruise control but the guy in the lane to my left was driving into my lane irresponsibly to I sped up to get ahead of him and just my luck that's when an OPP cruiser pulled up behind me flashing his lights. My court date is at the end of the month…
If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to…
Ok so looking for some advice in regards to my wife's speeding ticket 120k in 100 (I was in vehicle so witnessed most - but was resting at initial clock.)
whats the likelihood of positive outcome of an 11b (or an officer no show, which I suspect doesn't really happen as much as web/Ads would have you believe) of 8months.
Wife REALLY doesn't want to go, and of course I'm the one doing all of the…
I know I shouldn't have driving but I slept at my buddies' place and I thought I was ok to drive in the morning.. needless to say I still drove and got pulled over.
Background details:
I was pulled over in the morning last week, apparently going 120 km/hr on 90km Northbound DVP. Two cop cars tailed me for a bit, saw them in my rearview mirror while on the left lane, slowed down to…
I got two tickets on Feb 20 2011. One for red light, and the other for Stop sign. I knew I had a good chance at getting off on the red light, because the officer couldn't actually see the light facing me. He was at an opposite angle, further up the street.
I set a court date for both tickets. On April 22 I moved to a new place. I went to the Service Ontario location and renewed my licence…
Winnipeg's police officers have been told to issue more traffic tickets, in part to increase revenue.
And a union representing cops says the move could hurt their efforts to curb the city's gang violence.
Police Chief Keith McCaskill said last night he -- and he alone, without input from Mayor Sam Katz -- recently made the call to patrolling officers and to those in specialized units to step up…
I'm wondering if anyone could enlighten me on what to do about the following scenario:
I was pulled over by a YRP constable because I only had one front head light working. Upon being pulled over, I also realized my insurance card was expired by one month and my car permit was not on me at all. (It doesn't matter now but my valid insurance card was sitting at home in an envelope…
I have a wicked prosecutor in my area, he is an evil man and will lie and cheat, whatever is necessary for him to win. I got a yellow light infraction ticket and the cop was a no show. I requested the charge dismissed and it went like this:
Me: I request the charge be dismissed because the officer is not here
Prosecutor: No, we are going to adjourn the trial so the officer can attend
Accident happened at a regular intersection with turning lanes and lights. I was turning left. The light turned yellow, and the car approaching sped up to make the light. I thought he was stopping, so i made the turn. At the time of the collision the light was red.
I understand that it is my fault. I'm just wondering what my best course of action is.
alright well to get started ive developed a passion for longboarding
for those of you who dont already know a longboard is a big skateboard too heavy for tricks and stuff but boy can they ever go fast
my hobbies include going up the escarpment here in hamilton and stoney creek and riding down the roads leading to the lower part of the city. just wondering here. what would happen if i was going down…
My court date is nearing at old city hall at appeals court.
iwhats going to happen and what do i do?
do I present my certificate of offence and point out to the judge the fine was incorrect, I did not appear and am now appealing on the grounds the Justice of the peace erred and failed to quash the ticket on the basis of the certificate not being properly examined and is not complete and regular on…
