Careless Driving Hwy 401

reeebeer
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Careless Driving Hwy 401

by: reeebeer on
Fri Feb 19, 2010 7:10 am

I have been charged with carelss driving, contrary to Highway Traffic Act, Section 130 while driving on Highway 401 (Brockville area). The time of day was 6:00 pm. The highway is a 2 lane divided road.
I was pulled over by OPP. The OPP officer asked if I was driving wrecklessly. I replied NO. The officer then stated that they received a complaint and that is why I was stopped.
Moments latter a vehicle pulled in behind the OPP crusier. The passenger of the vehicle proceeded to join the OPP oficer in the police crusier. After 15 to 20 minutes the officer returned to my vehicle and presented me a careless driving summons. He stated that the women in his cruiser was providing him with a written statement on her observations.
He did not disclose what the women had reported totally but did say I was driving in middle of the two lanes and following vehicles closely and weaving around traffic.
I'm looking for advice on how to proceed with the summons. My first appearance is scheduled for beginning of April.
Should I negotiate with procecutor at first appearance, should I bring legal represntation with me to first appearance. Any other insight on the situation is much appreciated.


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neo333
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by: neo333 on
Fri Feb 19, 2010 12:41 pm

I don't have too much experience with careless driving infractions, but I do know (from reading on this board), that careless driving is a bit more difficult for the crown to prove. In your case, it seems the officer did not observe your careless driving and based the charge on the perceptions of a civilian.

I believe the civilian would have to testify against you as the officer did not observe the infraction. She was the only witness and is critical to the charge.

I would fight this and ask for disclosure (ask for copy of officer's notes, witness statements, will say statements, etc).

The other more experience folks on the board should be able to give you more specific advice.


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Reflections
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by: Reflections on
Fri Feb 19, 2010 3:38 pm

Legal representation.......seek it...........nough said.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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racer
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by: racer on
Sat Feb 20, 2010 9:18 pm

What that woman told the police and wrote on the written statement will have to be cleared up on the summoned date. You DO have access to these documents, it is your Charter right to see the evidence against you.

You do not need to have a legal agent go to court for summons, as on that court date the Justice can either throw out the ticket, or set the actual trial date.

You can see what the prosecutor offers you. You do not have to take his offer.

Make sure you are not pleading guilty on the summons day though.

Another thing to do would be bringing up the question of the woman using her cellphone illegally when making that call (if you are found not guilty). That one is no points, but a $500 charge can still bite :)
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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hwybear
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by: hwybear on
Sun Feb 21, 2010 7:29 am

racer wrote:Another thing to do would be bringing up the question of the woman using her cellphone illegally when making that call (if you are found not guilty).
It is LEGAL for drivers to use the cellphone if reporting an incident directly to the police
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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