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Careless driving - Minor collision
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PostPosted: Fri Dec 09, 2011 1:53 am 
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Joined: Fri Dec 09, 2011 1:46 am
Posts: 2
I got into an accident in June when I was driving home after getting supplies for a school project.

It was night time and raining, so I took a smaller route back home. I got into an accident as I was turning right onto another street. The intersection the accident happened on was right on top of a steep hill. When I took the turn, I felt the car sliding towards the outside and I applied the brakes to try and control the car. Unfortunately, the wheels locked up and I slid into another car which was waiting to turn left onto the street I was on. I was being followed by an off duty cop and she called an on duty. I was charged with Careless Driving. The officer told me to fight it.

My parents insist that I do not need legal representation and I should fight it on my own. However, I'm starting to think a plea for a lesser charge would be a better idea. Is there any chance I can win at all? What would be a plea that I could be offered by the prosecutor?


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Re: Careless driving - Minor collision
PostPosted: Fri Dec 09, 2011 2:25 am 
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One more thing, the officer himself specifically told me he would not show up, and I payed for the damages of the other car's owner so they are not going to show up either.


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Re: Careless driving - Minor collision
PostPosted: Fri Dec 09, 2011 3:58 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Don’t count on the officer and witnesses not showing up. If you request a trial, they will be summonsed to Court and are legally obliged to attend. Police especially don’t have the option of simply not showing up without a legitimate reason or they would be in neglect of duty.

In terms of plea deals, turn not in safety, section 142(1) sounds like a good fit for what happened. 2 demerit points and normally a $110 fine.


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Re: Careless driving - Minor collision
PostPosted: Wed Dec 14, 2011 11:15 pm 
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Joined: Fri Apr 30, 2010 10:20 am
Posts: 1065
This issue has been raised in a number of recent threads so I'll repost my article on whether police officers actually have to show up in court.

http://www.simonborys.ca/2010/08/does-a ... for-court/

_________________
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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