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Careless Driving, H.T.A. section 44.1(3) & 44.1(5)
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PostPosted: Thu Nov 14, 2013 7:23 am 
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Joined: Thu Nov 14, 2013 6:43 am
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I am 21, and was driving home one night from a friend's place. I only had 2 beers over the course of the entire night. I worked 10 hours that day and was feeling super tired. Unfortunately I fell asleep at an intersection for a minute, and a witness called 911.

I drove to my driveway and decided to take a nap in my car to avoid dealing with my parents at 3 in the morning. Later I heard knocking on my window, and to my surprise it was a police officer. He handcuffed me and told me he received a call about me passing out at an interesction. I saw a woman in her car not too far away talking to the officer.

He arrested me and took me to the station where I did a breathalyzer test. My results came to 40 mg and he charged me with Careless Driving, Novice driver- B.A.C. above zero HTA section 44.1 (3), and Young driver- B.A.C. above zero HTA section 44.1 (5). During this whole process, I was calm and collected and followed all of his orders. He said that he saw that I was a good guy and just had a bad lapse in judgement for a night.

Unfortunately today I went to my court date and in my disclosure papers, the woman who called 911 also filed a witness report. I was under the impression that I could maybe fight this, but because the police officer hinted that he might not show up to the trial. I'm just wondering now if my chances are shot because of the witness testifying in court? I really can't afford to pay an increase in insurance fees. Should I even bother carrying forward with a trial/getting a lawyer?

- Does anyone know a good criminal lawyer in Toronto who might be able to help me in this situation?


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