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Ontario Highway Traffic Act

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Careless Driving~Pedestrain hit, no injuries,no damage
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PostPosted: Thu Nov 26, 2009 9:18 am 
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I was driving on a bright sunny day at around 3pm in the afternoon travelling North on Brock Road in Pickering, On. I was in the turning lane waiting to go West onto Kingston Road. I was the first vehicle in line and the green arrow showed so I proceeded to turn left. As I was turning I was blinded by the sunlight and seen a shadow in my vision. As soon as I seen the pedestrian(that seemed to come out of nowhere)I applied my brakes. Unfortunately I was too late and I hit her with the front driverside corner. There was no damage to my vehiclealso.

I immediately got out of my vehicle to make sure she was okay and another driver called 911. The emergency crews showed up and she was taken to hospital for procautions as she appeared to be alert and talking.

I received a $325 Careless driving. If I choose Option #3 on my ticket, what are the chances of the Crown reducing my fine and/or points? And what happens once I choose option #3? Do I need to get a lawyer?

I am a 31 year old female and have only ever had a speeding ticket. Please help!!


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PostPosted: Mon Nov 30, 2009 11:07 pm 
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Location: Guelph, Ontario
You need a paralegal on this one.

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PostPosted: Tue Dec 01, 2009 12:39 am 
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Location: Toronto
If I'm understanding what happened correctly, you had a green arrow, and struck a pedestrian who was crossing the street. I'm going to guess that the pedestrian had a "DO NOT WALK" signal... would that be correct? If so, any half-competent paralegal or traffic lawyer should be able to beat the charge, particularly where you had bright sunlight. If you do choose the trial option, one avenue is that you or your agent can offer to plea-bargain to a charge of Failure to Yield to a Pedestrian. That is much less severe of a charge.

If you simply pay the $325 Careless Driving ticket, it will not stop there. A Careless Driving conviction usually results in your rates doubling (or worse). In many cases, the insurance company will also terminate your coverage, which is another big strike on your record and you may have to go on Facility Insurance to get coverage. Some people think "oh, it's only $325 and the paralegal costs $1200 (or whatever, could be more or less)," so they just pay up. Next thing they're paying $10 000+ in insurance premiums each year, or they have to stop driving because they can't afford the insurance.

While you don't necessarily need a lawyer or a paralegal, I'd recommend one. Based on the circumstances you described, you shouldn't lose too much sleep over it. This is one of the hardest Highway Traffic Act charges for the Crown to prove.


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