Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 5 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Careless Driving Hwy 401
Author Message
PostPosted: Fri Feb 19, 2010 8:10 am 
Offline
Newbie

Joined: Fri Feb 19, 2010 7:37 am
Posts: 1
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.


Top
 Profile  
 
PostPosted: Fri Feb 19, 2010 1:41 pm 
Offline
Jr. Member
User avatar

Joined: Thu May 28, 2009 10:55 am
Posts: 68
Location: Toronto, Ontario
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.


Top
 Profile  
 
PostPosted: Fri Feb 19, 2010 4:38 pm 
Offline
Moderator
User avatar

Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Legal representation.......seek it...........nough said.

_________________
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Top
 Profile  
 
PostPosted: Sat Feb 20, 2010 10:18 pm 
Offline
VIP
User avatar

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 959
Location: Guelph, Ontario
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


Top
 Profile  
 
PostPosted: Sun Feb 21, 2010 8:29 am 
Offline
Moderator
User avatar

Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
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


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 5 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Stunt Driving on HWY 401 WB

Helphelphelp

2

629

Mon Dec 29, 2014 8:53 pm

Helphelphelp View the latest post

There are no new unread posts for this topic. Careless for driving 105 in a 100 zone with some snow on hwy

katm

7

733

Fri Jan 08, 2010 9:31 am

katm View the latest post

There are no new unread posts for this topic. U-Turn on HWY 401

Rescue44

2

918

Tue Jan 29, 2013 11:37 pm

Rescue44 View the latest post

There are no new unread posts for this topic. 36km over on HWY 401

Charizard123

6

531

Sun Oct 02, 2016 8:26 am

Charizard123 View the latest post

There are no new unread posts for this topic. SLOW DOWN - Hwy 401 West of London

hwybear

13

1690

Tue Apr 07, 2009 3:10 pm

racer View the latest post

There are no new unread posts for this topic. 122 in 80 zone - hwy 15 leading to 401

mcow11

5

858

Mon Aug 24, 2009 9:04 am

mcow11 View the latest post

There are no new unread posts for this topic. Hwy 401 - 171 km/h in a 100 zone

Radar Identified

2

1773

Tue Feb 15, 2011 8:57 am

Radar Identified View the latest post

There are no new unread posts for this topic. Attachment(s) 145KM/HR IN 100 POSTED HWY 401

smotwani

13

1313

Tue Feb 10, 2015 7:56 pm

Decatur View the latest post

There are no new unread posts for this topic. 120km/h on 100km/h @HWY 401 - Chatham Region

alef007

7

2233

Fri Apr 25, 2014 5:52 pm

iFly55 View the latest post

There are no new unread posts for this topic. Disobey Sign 182 (2) on HWY 401. Slight errors on ticket.

TomW

6

795

Mon May 13, 2013 6:56 pm

iFly55 View the latest post

There are no new unread posts for this topic. Speeding @ 129 in a 100 zone, Hwy 401 Chatham-Kent area

madtkboy

10

3799

Fri Aug 09, 2013 4:25 pm

salem2210 View the latest post

There are no new unread posts for this topic. "Disobey sign"...what sign? (Hwy 401 & Nelson)

2simon

4

2338

Fri Oct 23, 2009 6:15 am

Squishy View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.