Was driving home from work Friday and decided to try a new route. Once I hit the QEW it started to down pour heavily for a few minutes. I was only on the QEW for 3 or 4 exits then went to hop on the 406. When I went to slow down I started sliding and could not control the vehicle and as a result slammed into the guard rail. I am confident I was not speeding and was being very cautious (just moments before I remember noting my speed was 95kph in a 100kph zone). There was little damage and a cop arrived almost immediately. As soon as I rolled down my window he said "You were driving too fast." He ended up charging me with careless driving claiming he had to do it and recommended I speak to a prosecutor to get it dropped, and gave me a lot of info on how to do so. It seems odd that he would charge me with something then tell me how to get out of it. I'm going to speak to the prosecutor today and will not sign anything he may offer just yet. Still trying to wrap my head around this whole nightmare. I think part of hte reason is when I filled out the paper work it asked what speed I was going, it didn't specify if it meant when I hit the wall, when I entered the off ramp, or when I started to slide. I put down that my best guess was 80 (as I started to slide right after I down shifted to 4th, and that's what speed I'm usually at when I do that shift). He asked me what the caution was and I said I wasn't sure as I don't normally go that route but guessed 70. He laughed and said no caution is any more than 30. This is what I think caused him to go with the careless. He did not give me the opportunity to clarify when I was implying I was going 80. I also noticed on the drive home at least 3 or 4 off ramps with posted limits of 70. So when I speak to the prosecutor I was going to bring up the rain, maybe this info about the offramps, but was also considering mentioning my tires. I was supposed to have my winter tires put on the next day and my summer tires were done, they are rather bald and I had no intentions of driving with them again after that day. I don't want to bring this up and then find out that knowingly driving with tires that were less than ideal would only make it even more careless or that it'd be a charge of it's own. I also thing it's blindly obvious I did not hit the guard rail at 80 as there is very little damage, based on the damage I'd guess I was going 20-30kph when I made impact, showing that I had managed to slow considerably despite having no traction. I also drive a sports car which everyone knows always seems to make them think you're driving like an idiot. Anyways, if anyone has any suggestions or whatnot I'd love to hear it. Still debating on if I should hire a paralegal. On top of a $490 ticket I can only imagine my insurance will skyrocket afterwards and I may no longer be able to afford to drive. So spending a few hundred if it means getting it knocked down a little more may be worth while.
Was driving home from work Friday and decided to try a new route. Once I hit the QEW it started to down pour heavily for a few minutes. I was only on the QEW for 3 or 4 exits then went to hop on the 406. When I went to slow down I started sliding and could not control the vehicle and as a result slammed into the guard rail. I am confident I was not speeding and was being very cautious (just moments before I remember noting my speed was 95kph in a 100kph zone). There was little damage and a cop arrived almost immediately. As soon as I rolled down my window he said "You were driving too fast." He ended up charging me with careless driving claiming he had to do it and recommended I speak to a prosecutor to get it dropped, and gave me a lot of info on how to do so. It seems odd that he would charge me with something then tell me how to get out of it.
I'm going to speak to the prosecutor today and will not sign anything he may offer just yet. Still trying to wrap my head around this whole nightmare. I think part of hte reason is when I filled out the paper work it asked what speed I was going, it didn't specify if it meant when I hit the wall, when I entered the off ramp, or when I started to slide. I put down that my best guess was 80 (as I started to slide right after I down shifted to 4th, and that's what speed I'm usually at when I do that shift). He asked me what the caution was and I said I wasn't sure as I don't normally go that route but guessed 70. He laughed and said no caution is any more than 30. This is what I think caused him to go with the careless. He did not give me the opportunity to clarify when I was implying I was going 80. I also noticed on the drive home at least 3 or 4 off ramps with posted limits of 70.
So when I speak to the prosecutor I was going to bring up the rain, maybe this info about the offramps, but was also considering mentioning my tires. I was supposed to have my winter tires put on the next day and my summer tires were done, they are rather bald and I had no intentions of driving with them again after that day. I don't want to bring this up and then find out that knowingly driving with tires that were less than ideal would only make it even more careless or that it'd be a charge of it's own. I also thing it's blindly obvious I did not hit the guard rail at 80 as there is very little damage, based on the damage I'd guess I was going 20-30kph when I made impact, showing that I had managed to slow considerably despite having no traction. I also drive a sports car which everyone knows always seems to make them think you're driving like an idiot.
Anyways, if anyone has any suggestions or whatnot I'd love to hear it. Still debating on if I should hire a paralegal. On top of a $490 ticket I can only imagine my insurance will skyrocket afterwards and I may no longer be able to afford to drive. So spending a few hundred if it means getting it knocked down a little more may be worth while.
General consensus on these forums is that for a careless driving charge, legal representation is recommended. Its considered a major conviction by insurance providers, and youre rates could double. The good news is that prosecutors are usually quite willing to offer plea deals with careless driving charges to something much less serious (i.e. leave roadway not in safety). In your case, they may have difficulty even proving the charge since its a single motor vehicle accident with no witnesses. It might be best to fight the charge outright rather than even accept a plea deal.
General consensus on these forums is that for a careless driving charge, legal representation is recommended. Its considered a major conviction by insurance providers, and youre rates could double.
The good news is that prosecutors are usually quite willing to offer plea deals with careless driving charges to something much less serious (i.e. leave roadway not in safety). In your case, they may have difficulty even proving the charge since its a single motor vehicle accident with no witnesses. It might be best to fight the charge outright rather than even accept a plea deal.
The fact that it was raining isn't going to help you. The typical response from prosecutors when people say they crashed because of the weather is that you should have been going slower if the weather was bad. Prosecutors tend to view the collision in bad weather as evidence of the fact that you weren't driving "with due care and attention" (to the weather/road conditions. What you told the officer about what you thought about the warning signs and/or your speed is probably not going to be relevant since it is unlikely the crown will seek to have those statements introduced at trial to support the charge. If you admit to having bad tires that will tend to support a finding of careless driving because, again, the prosecutor will likely say that you should have been driving more carefully if you knew there was a problem with your tires.
The fact that it was raining isn't going to help you. The typical response from prosecutors when people say they crashed because of the weather is that you should have been going slower if the weather was bad. Prosecutors tend to view the collision in bad weather as evidence of the fact that you weren't driving "with due care and attention" (to the weather/road conditions.
What you told the officer about what you thought about the warning signs and/or your speed is probably not going to be relevant since it is unlikely the crown will seek to have those statements introduced at trial to support the charge.
If you admit to having bad tires that will tend to support a finding of careless driving because, again, the prosecutor will likely say that you should have been driving more carefully if you knew there was a problem with your tires.
The ironic thing is I was going under the speed limit while on the highway. I just have no way of proving that. And I only started sliding when I tried to slow down for the onramp. Kind of what I figured, hence why I said nothing about it at the time. The cop actually said he wouldn't recommend it as I shouldn't even need to take it that far. I did look around and only know of one in my area and since I have had prior business dealings with the owner of the company and found him to be an unreliable person. I may have to pay extra to get someone from toronto to drive in. I just spoke to the prosecutor after a week of trying to get ahold of her. The conversation left me with less answers than I had hoped for. The cop made it sound like if I called her she'd offer something on the spot, she said I have to pay it or take it to trial. She said at that point I should get some form to request the prosecutor to review it before hand, so perhaps that's what he was talking about. I think I'm going to email the officer just to get his input again. And you're right, there are no witnesses. Someone must have called it in though, as the cops were there within 2 minutes. For all I know that could've been the person behind me, though I'm not even sure there was someone behind me that could've seen it. Thanks for the input :)
Simon Borys wrote:
The fact that it was raining isn't going to help you. The typical response from prosecutors when people say they crashed because of the weather is that you should have been going slower if the weather was bad. Prosecutors tend to view the collision in bad weather as evidence of the fact that you weren't driving "with due care and attention" (to the weather/road conditions.
The ironic thing is I was going under the speed limit while on the highway. I just have no way of proving that. And I only started sliding when I tried to slow down for the onramp.
Simon Borys wrote:
If you admit to having bad tires that will tend to support a finding of careless driving because, again, the prosecutor will likely say that you should have been driving more carefully if you knew there was a problem with your tires.
Kind of what I figured, hence why I said nothing about it at the time.
Stanton wrote:
General consensus on these forums is that for a careless driving charge, legal representation is recommended. It\u2019s considered a major conviction by insurance providers, and you\u2019re rates could double.
The cop actually said he wouldn't recommend it as I shouldn't even need to take it that far. I did look around and only know of one in my area and since I have had prior business dealings with the owner of the company and found him to be an unreliable person. I may have to pay extra to get someone from toronto to drive in.
Stanton wrote:
The good news is that prosecutors are usually quite willing to offer plea deals with careless driving charges to something much less serious (i.e. leave roadway not in safety). In your case, they may have difficulty even proving the charge since it\u2019s a single motor vehicle accident with no witnesses. It might be best to fight the charge outright rather than even accept a plea deal.
I just spoke to the prosecutor after a week of trying to get ahold of her. The conversation left me with less answers than I had hoped for. The cop made it sound like if I called her she'd offer something on the spot, she said I have to pay it or take it to trial. She said at that point I should get some form to request the prosecutor to review it before hand, so perhaps that's what he was talking about. I think I'm going to email the officer just to get his input again.
And you're right, there are no witnesses. Someone must have called it in though, as the cops were there within 2 minutes. For all I know that could've been the person behind me, though I'm not even sure there was someone behind me that could've seen it.
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…